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THOMPSON v. JAMES

No. A-6713-06T2

946 A.2d 1090 (2008)

400 N.J. Super. 286

Clarence THOMPSON, Plaintiff-Respondent v. Robert JAMES and Robert Charles Enterprises, Inc., Defendants, and CNA Insurance Company, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 2008.

Attorney(s) appearing for the Case

Robert F. Priestley, Newark, argued the cause for appellant (Mendes & Mount, L.L.P., attorneys; Mr. Priestley and John M. Deitch, on the brief).

Kenneth S. Javerbaum, Springfield, argued the cause for respondent (Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins, attorneys; Mr. Javerbaum and Anthony J. Vinhal, on the brief).

Before Judges PARRILLO, GILROY and BAXTER.

The opinion of the court was delivered by PARRILLO, J.A.D.

This is an uninsured motorist (UM) coverage case where "occupancy" is in issue. Defendant CNA Insurance Company (CNA)1 appeals from an order of the Law Division granting declaratory judgment and finding plaintiff Clarence Thompson covered under the UM provision of his employer's commercial automobile insurance policy. For the following reasons, we reverse.

The facts are...

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