Rutgers Casualty Insurance v. Collins

A.A. RODRIGUEZ, J.A.D.,

dissenting.

I dissent from the majority’s decision to reverse and remand for factfinding, “including a determination regarding Joseph’s status as a ‘family member.’ ” I would affirm.

The majority concludes that, “[t]he major flaw in the court’s determination, however, is the absence of any consideration regarding the reasonableness of Rhonda’s belief that she was entitled to use the [Camry].” I disagree that the judge did not consider that issue.

The judge issued a -written opinion finding that neither Joseph nor Rhonda had a “reasonable belief that [they were] entitled to…