Mazzilli v. Acc. & Cas. Ins. Co. of Winterthur

The opinion of the court was delivered by

Francis, J.

The issue presented here requires a construction of the clause of a liability insurance, policy which extends coverage to a spouse of the named assured if she is a resident member of the household. At a trial in the Superior Court, Law Division, a jury determined on the facts that she qualified as such resident. The insurer, Accident & Casualty Insurance Company, appealed and we certified the matter before it was heard in the Appellate Division.

The saga of the case in the courts is a long one. It may be traced in Mazzilli v. Selger, 23 N. J.…