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EVERNHAM v. SELECTED RISKS INSURANCE COMPANY

163 N.J. Super. 132 (1978)

394 A.2d 373

DORIS Y. EVERNHAM, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF WALTER S. EVERNHAM, DECEASED, PLAINTIFF-APPELLANT, v. SELECTED RISKS INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1978.

Attorney(s) appearing for the Case

Mr. Dennis A. Drazin argued the cause for appellant (Messrs. Drazin and Warshaw, attorneys; Mr. G. Donald Haneke of counsel and on the brief).

Mr. Bernard F. Boglioli argued the cause for respondent (Messrs. Boglioli, Stamelman & Stein, attorneys).

Before Judges CONFORD, PRESSLER and KING.

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

This appeal concerns the availability to an insurer of the defense of the limitation provisions, N.J.S.A. 39:6A-13.1, of the Automobile Reparation Reform Act ("no-fault"), N.J.S.A. 39:6A-1 et seq., under a special set of circumstances. Plaintiff was the named insured under a policy of automobile liability insurance, and her son, Walter S. Evernham, was a member of her household and an...

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