Supreme Court of New Jersey

Generoso J. Di Orio and Gennaro Di Orio, Plaintiffs v. New Jersey Manufacturers Insurance Company…

March 5, 197979 N.J. 257

Summary

The Supreme Court of New Jersey affirmed the Appellate Division judgment that the family automobile policy’s non‑owned automobile exclusion is unambiguous and bars excess coverage when the vehicle is furnished for the regular use of any insured, including a relative; the DeSoto was regularly used by the father, so the son is not covered. The Court rejected the “reasonable expectations” doctrine as inapplicable here. Justice Pashman dissented, arguing that the policy should be read to cover the son.