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FRENCH v. HERNANDEZ

875 A.2d 943 (2005)

184 N.J. 144

Linda R. FRENCH, Plaintiff-Respondent and Third Party Plaintiff, v. Enrique HERNANDEZ, ABC Company (1-5) and John Does (1-5), Defendants, and John H. Decker and Decker Landscaping, Defendants-Respondents, and Harleysville Insurance Company, Third Party Defendant-Appellant, and New Jersey Manufacturers Insurance Company, Defendant-Intervenor-Respondent.

Supreme Court of New Jersey.

Decided June 30, 2005.

Attorney(s) appearing for the Case

Lance J. Kalik, Morristown, argued the cause for appellant (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Kalik and Ronald Z. Ahrens, on the briefs).

John J. Hopkins, III, Long Branch, argued the cause for respondent Linda R. French.

Edward Hoagland, Jr., Somerset, argued the cause for respondents John H. Decker and Decker Landscaping.

Patricia M. Reilly, argued the cause for intervenor-respondent New Jersey Manufacturers Insurance Company (Wolff, Helies, Duggan, Spaeth & Lucas, attorneys; John Peter Duggan, of counsel, Manasquan).

Justice ALBIN delivered the opinion for the Court.

In this insurance coverage case, we must determine whether defendant Enrique Hernandez was a permissive user of his employer's truck when he caused an accident injuring plaintiff Linda French. On the day of the accident, a non-workday, Hernandez entered his employer's garage, took the truck, and drove it while intoxicated. Plaintiff contends that Hernandez had permission to use the vehicle. Based on that contention...

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