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MATITS v. NATIONWIDE MUTUAL INS. CO.

33 N.J. 488 (1960)

166 A.2d 345

JOHN MATITS, PLAINTIFF-RESPONDENT, v. NATIONWIDE MUTUAL INSURANCE CO., ETC., DEFENDANT-APPELLANT. ELIZABETH SLODZINSKI AND ANTHONY SLODZINSKI, PLAINTIFFS-RESPONDENTS, v. NATIONWIDE MUTUAL INSURANCE CO., ETC., DEFENDANT-APPELLANT, AND ALLSTATE INSURANCE COMPANY, ETC., DEFENDANT. ALLSTATE INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. NATIONWIDE MUTUAL INSURANCE CO., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 5, 1960.

Attorney(s) appearing for the Case

Mr. Henry H. Rubenson argued the cause for the defendant-appellant (Messrs. Oppenheim & Oppenheim, attorneys; Mr. Daniel Oppenheim, of counsel).

Mr. Kent A. Losche argued the cause for the defendant Allstate Insurance Company (Mr. Charles C. Shenier, attorney).

Mr. Carl Gelman argued the cause for the plaintiff-respondent John Matits (Messrs. Gelman & Gelman, attorneys).

Mr. Leon A. Consales argued the cause for the plaintiffs-respondents Anthony and Elizabeth Slodzinski.

The opinion of the court was delivered by PROCTOR, J.

This case concerns coverage under the omnibus clause of an automobile liability insurance policy issued by the defendant, Nationwide Mutual Insurance Co.

On October 26, 1956 an automobile owned by Mrs. Hilda Velasco and driven by Mrs. Betty Mae Hoerner collided with an automobile owned by Elizabeth Slodzinski and driven by her husband, Anthony Slodzinski, in which John Matits was a passenger. Matits and...

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