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TOMASZEWSKI v. McKEON FORD, INC.

240 N.J. Super. 404 (1990)

573 A.2d 501

CHARLOTTE E. TOMASZEWSKI, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF FRANK E. TOMASZEWSKI, DECEASED, PLAINTIFF-APPELLANT, v. MCKEON FORD, INC., FORD MOTOR CREDIT CO., AND TRANSAMERICA OCCIDENTAL LIFE INSURANCE CO., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 1990.

Attorney(s) appearing for the Case

Marie V. Nasuti argued the cause for the appellant (R. Alan Aslaksen, attorney).

Patricia L. Dee argued the cause for the respondent McKeon Ford, Inc. (Capehart & Scatchard, attorneys; Robert A. Baxter, of counsel; Patricia L. Dee, on the brief).

Morris G. Smith argued the cause for the respondent Ford Motor Credit Co. (Freeman, Zeller and Bryant, attorneys; Morris G. Smith, on the brief).

Matthew V. DelDuca argued the cause for the respondent Transamerica Occidental Life Insurance Co. (Dechert, Price & Rhoads, attorneys; George G. O'Brien, on the brief; Matthew V. DelDuca, on the brief).

Before Judges KING, SHEBELL and KEEFE.

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

This appeal is resolved by defining the duty of an automobile dealer to a purchaser of an automobile under a retail installment sales contract when credit life and disability insurance is sold to the purchaser in connection with the sale. Although this question has not been previously decided, established principles defining an insurance agent/broker's duty foretell the result. Consequently, we hold that summary...

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