Legal Opinion

French v. Hernandez

Supreme Court of New Jersey

Decided June 30, 2005PublishedCited by 8 opinions

1Opinion of the CourtJustice Albin

In this insurance coverage case, we must determine whether defendant Enrique Hernandez was a permissive user of his employer’s truck when he caused an accident injuring plaintiff Linda French. On the day of the accident, a non-workday, Hernandez entered his employer’s garage, took the truck, and drove it while intoxicated. Plaintiff contends that Hernandez had permission to use the vehicle. Based on that contention, plaintiff argues that defendant Harleysville Insurance Company of New Jersey, the employer’s insurance carrier, is responsible for covering her damages.

The trial court found…

2Cases cited14 opinions

  1. Brill v. Guardian Life Insurance Co. of AmericaSupreme Court of New Jersey · 1995
  2. Matits v. Nationwide Mutual InsuranceSupreme Court of New Jersey · 1960
  3. Butler v. Bonner & Barnewall, Inc.Supreme Court of New Jersey · 1970
  4. Carter v. ReynoldsSupreme Court of New Jersey · 2003
  5. Odolecki v. Hartford Accident & Indemnity Co.Supreme Court of New Jersey · 1970

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3Cited by8 opinions

  1. Hager v. GonsalvesNew Jersey Superior Court Appellate Division · 2008
  2. Repossession Spec. v. Geico Ins.New Jersey Superior Court Appellate Division · 2012
  3. Atlantic States Group v. SkovronNew Jersey Superior Court Appellate Division · 2006
  4. CITIZENS UNITED RECIPROCAL EXCHANGE VS. TARA MARTINELLI (L-0874-15, ATLANTIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
  5. Ferejohn v. VaccariNew Jersey Superior Court Appellate Division · 2005

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