Supreme Court of New Jersey

Patricia Engrassia v. Erick Uzcategui, and Hunterdon…

March 29, 2019237 N.J. 373

Summary

Justice LaVECCHIA dissents from the Court’s order dismissing the appeal, arguing that the garage policy’s provision is an illegal escape clause that violates New Jersey’s mandatory minimum liability insurance and permissive‑user doctrines. She contends the appellate division erred by treating the provision as a permissible step‑down clause and urges the Court to resolve the public‑interest issue now. The dissent also questions the reliance on Aubrey and affirms the relevance of Rao, Willis and Small.