Motor Club Fire & Casualty Co. v. New Jersey Manufacturers Insurance

*428The opinion of the court was delivered by

Carton, P. J. A. D.,

Temporarily Assigned. This matter, which comes before us for the second time, involves a question of coverage under an omnibus clause of an automobile liability insurance policy. As a result of an evenly divided vote, we affirmed the Appellate Division’s judgment that the policy provided no coverage for Nicholas Scibetta, the driver of the vehicle. 135 N. J. Super. 362 (App. Div. 1975), aff’d by equally divided court, 71 N. J. 352 (1976), In order to resolve this important issue, we granted rehearing, 74 N. J. 256 (1976).

The salient…