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GOVERNMENT EMP. INS. CO. v. TOLHURST

146 N.J. Super. 285 (1977)

369 A.2d 946

GOVERNMENT EMPLOYEES INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. JANET TOLHURST AND MELVIN TOLHURST, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1977.

Attorney(s) appearing for the Case

Mr. Stewart L. Levine argued the cause for appellants (Messrs. Keith and Winters, attorneys).

Mr. H. Frank Carpentier argued the cause for respondent (Messrs. Carton, Nary, Witt & Arvanitis, attorneys; Mr. Harold K. Shulman, on the brief).

Before Judges BISCHOFF, MORGAN and E. GAULKIN.

PER CURIAM.

Government Employees Insurance Company (GEICO) sought a declaratory judgment that an insurance policy issued to defendant Janet Tolhurst, owner of the automobile in question, did not provide no-fault personal injury protection (PIP) to her husband, defendant Melvyn Tolhurst. It was GEICO's contention that the stipulated facts concerning how Tolhurst's accident occurred did not permit the conclusion that it arose out of the "ownership, maintenance or use...

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