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SOTOMAYOR v. VASQUEZ

213 N.J. Super. 414 (1986)

517 A.2d 507

LOUIS SOTOMAYOR, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, AND CHRISTIAN CARVAJAL, BY HIS GUARDIAN AD LITEM, CECILIA FLORES, AND CECILIA FLORES, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. FERNANDO VASQUEZ, JOSE MARIN, JULIO FREIJO, UNSATISFIED CLAIM AND JUDGMENT FUND, AND THE CHUBB GROUP OF INSURANCE COMPANIES, JOINTLY, SEVERALLY, AND/OR IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS, AND THE AETNA CASUALTY AND SURETY COMPANY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1986.

Attorney(s) appearing for the Case

Gregory J. Irwin argued the cause for appellant The Aetna Casualty and Surety Company (Harwood, Lloyd, Ryan, Coyle & McBride, attorneys; Victor C. Harwood, III, on the brief).

Mark A. Mintz argued the cause for respondent Louis Sotomayor (Greenberg, Feiner, Wallerstein & Benisch, attorneys; Mark I. Feiner, on the brief).

Frank P. Addas argued the cause for respondent Unsatisfied Claim and Judgment Fund (James & Addas, attorneys; Frank P. Addas, on the brief).

Respondent Julio Freijo's brief was suppressed.

Before Judges PETRELLA, BILDER and GAYNOR.

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

On this appeal we are asked to consider whether a car driven by an insured driver but not owned by him is an "automobile of the named insured" for purposes of coverage by personal injury protection (PIP) benefits under an automobile liability policy. Defendant Aetna Casualty and Surety Company (Aetna) appeals from a summary judgment entered in favor of the plaintiff passenger following a finding by the trial...

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