Kipper v. Universal Underwriters Group

OPINION OF THE COURT

Hayes, J.

Plaintiffs commenced this action seeking, inter alia, a declaration that defendant Universal Underwriters Group (Universal) must assume the defense for plaintiff Louis Kipper in the underlying negligence action against him and provide primary coverage for him. Kipper was involved in an automobile accident while test-driving an automobile owned by defendant N.J. Curry Oldsmobile, Inc. (Oldsmobile), with Oldsmobile’s permission. The automobile being driven by Kipper struck defendant Michael Zumpano, an employee of Oldsmobile, who then commenced the underlying…