Legal Opinion
Kennedy v. Jefferson Smurfit Co.
Supreme Court of New Jersey
Decided February 5, 1997PublishedCited by 15 opinions
1Opinion of the Court
The opinion of the Court was delivered by
GARIBALDI, J.
This appeal presents a narrow, legal issue regarding an insurer’s obligation to provide coverage to an additional insured in a “loading and unloading” case under an omnibus automobile-insurance clause. Specifically, the question presented is whether the selection of a defective pallet is part of the loading process, and thus arises out of the “use of a motor vehicle.”
I
The facts are substantially undisputed. Joseph Kennedy was the owner of a tractor that was leased to North Operating Company (North). North insured Kennedy’s vehicle pursuant…
2Cases cited14 opinions
- Maryland Casualty Co. v. New Jersey Manufacturers Casualty InsuranceSupreme Court of New Jersey · 1958
- Maryland Casualty Co. v. New Jersey Manufacturers (Casualty) InsuranceNew Jersey Superior Court Appellate Division · 1958
- Ryder/P.I.E. Nationwide, Inc. v. Harbor Bay Corp.Supreme Court of New Jersey · 1990
- Bellafronte v. General Motors Corp.New Jersey Superior Court Appellate Division · 1977
- Atlantic Mut. Ins. Co. v. RichardsNew Jersey Superior Court Appellate Division · 1968
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Craggan v. IKEA USANew Jersey Superior Court Appellate Division · 2000
- American Home Assurance Co. v. First Specialty InsuranceMassachusetts Appeals Court · 2008
- Jaquez v. National Continental InsuranceSupreme Court of New Jersey · 2003
- De Almeida v. General Accident Insurance Co. of AmericaNew Jersey Superior Court Appellate Division · 1998
- Pisaneschi v. Turner Const. Co.New Jersey Superior Court Appellate Division · 2001
10 more not listed; retrieve them via the Exa API.