Diehl v. Cumberland Mutual Fire Insurance
New Jersey Superior Court Appellate Division
1Opinion of the Court
The opinion of the court was delivered by
WALLACE, Jr., J.A.D.
The issue here requires us to determine whether coverage should be afforded under an automobile liability insurance policy or under a homeowner’s insurance policy. The motion judge found that the injury did not arise out of the use of an automobile and concluded that the homeowner’s insurance policy provided *233coverage for personal liability to a third party. We disagree and reverse.
The facts are relatively simple. On December 26,1989, Plaintiff Richard Diehl was driving away from his home when he noticed his brother George Diehl…
2Cases cited14 opinions
- Kievit v. Loyal Protective Life InsuranceSupreme Court of New Jersey · 1961
- Sparks v. St. Paul InsuranceSupreme Court of New Jersey · 1985
- Westchester Fire Ins. Co. v. Continental Ins. Co.New Jersey Superior Court Appellate Division · 1973
- Westchester Fire Insurance v. Continental InsuranceSupreme Court of New Jersey · 1974
- Lindstrom v. Hanover InsuranceSupreme Court of New Jersey · 1994
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3Cited by15 opinions
- Farmers Union Cooperative Insurance v. Allied Property & Casualty InsuranceNebraska Supreme Court · 1997
- Progressive Casualty Insurance v. EngemannCourt of Appeals for the Tenth Circuit · 2001
- Home State Insurance v. Continental InsuranceNew Jersey Superior Court Appellate Division · 1998
- Walden v. SmithMissouri Court of Appeals · 2014
- Farmers Mut. Ins. Co. v. Allstate Ins. Co.New Jersey Superior Court Appellate Division · 2001
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