Cullen v. Naples

Memorandum. Although a majority of the Appellate Division affirmed the trial court’s determination that General Accident Fire & Life Assurance Corp., Ltd. was not privileged to disclaim liability, it did so without affirming the findings of fact made below. Only four of the Justices in the Appellate Division passed on the issue of consent, two concluding that the operator of the car had the owner’s permission and two finding that there was no evidence to support the finding of consent. As a result, the limited issue presented in this appeal is whether, on the record before us, the Appellate…