Summary
In Willis v. Security Ins. Group, 53 N.J. 260 aff'g 104 N.J. Super. 410 (Ch.Div. 1968), the court voided an endorsement which excluded from its omnibus coverage individuals driving the named insured's car with his permission where such persons had available valid and collectible insurance under their own policies.
Summary of this case from Hartford Acc. Indem. Co. v. Travelers Ins. Co.Opinion
Argued January 6, 1969 —
Decided February 3, 1969.
Appeal from Superior Court, Chancery Division, Camden County.
Mr. Michael Patrick King argued the cause for plaintiffs-respondents and cross-appellants Charles F. Willis and Allstate Insurance Company, and for defendant and third-party plaintiff-respondent and cross-appellant Allstate Insurance Company ( Messrs. Kisselman, Devine, Deighan Montano, attorneys).
Mr. Michael A. Orlando argued the cause for defendant-appellant and cross-respondent Security Insurance Group ( Messrs. Orlando Cummins, attorneys).
Mr. Sidney P. McCord argued the cause for third-party defendant-appellant and cross-respondent Universal Underwriter's Insurance Co. ( Messrs. McCord, Farrell, Eynon Munyon, attorneys). Mr. Stephen E. Barcan argued the cause for New Jersey Automobile Dealers Association as amicus curiae ( Messrs. Wilentz, Goldman Spitzer, attorneys).
The judgments are affirmed for the reasons expressed by Judge Wick in the Superior Court, Chancery Division, in Willis v. Security Insurance Group, 104 N.J. Super. 410 ( Ch. Div. 1968).
Nachtrieb v. Allstate Insurance Company was decided by Judge Wick in an oral opinion within a few days of Willis v. Security Insurance Group. The basic issues are the same and in our view are controlled by the decision announced in Willis. See also, American Motorists Insurance Company v. Kaplan, 209 Va. 53, 161 S.E.2d 675 (1968).
For affirmance — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, HALL and SCHETTINO — 5.
For reversal — None.