Legal Opinion

Livsey v. Mercury Insurance Group

Supreme Court of New Jersey

Decided February 19, 2009No. A-96 September Term 2007PublishedCited by 6 opinions

1Opinion of the CourtJustice Rivera-Soto

This appeal presents a discrete issue involving the interplay, if any, between uninsured motorist (UM) coverage and personal injury protection (PIP) coverage in the context of an insured injured in a drive-by shooting, but who at the time was not operating her own vehicle. The insurance carrier denied the insured’s UM claim, and the insured filed a declaratory judgment action. The trial court concluded that, unlike PIP coverage, UM coverage does not extend to victims of random drive-by shootings, reasoning that there was an insufficient relationship between the claimed use of an uninsured…

2Cases cited21 opinions

  1. Vanessa Abraham, in Her Own Right and as Administratrix of the Estate of Robert Abraham, Deceased, and on Behalf of Robert Christopher Abraham, Jr., Labreea Von Abraham and Taquan Carey, the Minor Children of Decedent Cna Insurance Company (Intervenor-Plaintiff in d.c.) v. Kimberly Raso, Badge No. 243, Individually and in Her Official Capacity as a Township of Cherry Hill Police Officer the Township of Cherry Hill Cherry Hill Center, Inc. The Rouse Company of New Jersey, Inc. The Rouse Company MacY East Inc. Liberty Mutual Insurance Company (Intervenor-Defendant in d.c.) Kimberly Raso Joris Hoogendoorn v. The Estate of Robert C. Abraham, Deceased Vanessa Abraham, Administratrix of the Estate of Robert C. Abraham Vanessa Abraham, Individually MacY Department Store John Doe(s), a Fictitious Name or Names, Jointly Severally or in the Alternative Vanessa Abraham, in Nos. 98-5405. Kimberly Raso Joris Hoogendoorn, in Nos. 98-5406Court of Appeals for the Third Circuit · 1999
  2. Westchester Fire Ins. Co. v. Continental Ins. Co.New Jersey Superior Court Appellate Division · 1973
  3. Daidone v. Buterick BulkheadingSupreme Court of New Jersey · 2007
  4. Westchester Fire Insurance v. Continental InsuranceSupreme Court of New Jersey · 1974
  5. Sciascia v. American Ins. Co.New Jersey Superior Court Appellate Division · 1982

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3Cited by6 opinions

  1. In Re Princeton Office Park v. Plymouth Park Tax Services (069521)Supreme Court of New Jersey · 2014
  2. Czar, Inc. v. HeathSupreme Court of New Jersey · 2009
  3. Czar, Inc. v. HeathSupreme Court of New Jersey · 2009
  4. In Re Princeton Office Park v. Plymouth Park Tax Services (069521)Supreme Court of New Jersey · 2014
  5. JEFFREY A. WICHOT, ETC. VS. ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY (L-0578-16, PASSAIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019

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