Shaw v. City of Jersey City

The opinion of the Court was delivered by

ZAZZALI, J.

In this appeal we must decide whether a tortfeasor’s intentional act may constitute an “accident” within the meaning of New Jersey’s uninsured motorist statute, N.J.S.A 17:28-1.1. The courts below relied on this Court’s dictum in Lindstrom v. Hanover Ins. Co., 138 N.J. 242, 649 A.2d 1272 (1994), to hold that N.J.S.A. 17:28-1.1 does not extend coverage to an insured injured by a third party’s intentional conduct. We conclude, however, consistent with the Legislature’s intent in enacting the uninsured motorist statute, as well as the…