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DiORIO v. NEW JERSEY MANUFACTURERS INS. CO.

63 N.J. 597 (1973)

311 A.2d 378

GENNARO DiORIO, ET AL., PLAINTIFFS-APPELLANTS, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, INC., ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 4, 1973.

Attorney(s) appearing for the Case

Mr. E. Barry Kline argued the cause for plaintiffs (Messrs. Kline and Kline, attorneys).

Mr. William T. McElroy argued the cause for defendants (Mr. McElroy, of counsel; Mr. Richard D. Catenacci, on the brief; Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys).

The opinion of the Court was delivered by WEINTRAUB, C.J.

This is a declaratory judgment action to determine whether a "non-owned automobile" was covered by the "Family Automobile Policy" issued by defendant carrier. The policy expressly covered the operation of a "non-owned automobile" by the named insured or by a "relative" of his, defined as a resident of the same household. The operator was Gennaro DiOrio, the 17-year...

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