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NJ MFRS. INS. CO. v. VARJABEDIAN

917 A.2d 839 (2007)

391 N.J. Super. 253

NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Plaintiff-Appellant, v. Cheryl M. VARJABEDIAN, Louise M. Denney, Defendants-Respondents, and Daniel Gaffney, Defendant, and Cheryl M. Varjabedian, Third-Party Plaintiff, v. Motor Club of America Insurance Company, Third-Party Defendant/Fourth-Party Plaintiff-Cross-Appellant, v. John Varjabedian, Fourth-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 22, 2007.

Attorney(s) appearing for the Case

Robert R. Nicodemo, III, Haddonfield, argued the cause for appellant (Richard V. Cosentino, on the brief).

Susan C. Sautner, Toms River, argued the cause for cross-appellant (Garvey, Ballou & Van Dyke, attorneys; Ms. Sautner, on the brief).

Jeffrey S. Craig, Haddonfield, argued the cause for respondents (Kelley, Wardell, Craig, Annin & Baxter, attorneys; Mr. Craig, on the brief).

Before Judges LINTNER, S.L. REISNER and SELTZER.

The opinion of the court was delivered by

LINTNER, J.A.D.

This insurance dispute requires us to determine the default personal injury liability coverage responsibility of an automobile insurance carrier where the tortfeasor's policy is subject to retroactive revocation following an otherwise covered accident. We hold that when faced with liability for damages sustained by an innocent third-party claimant, a carrier's default liability on a standard automobile...

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