· 11/27/1973
Westchester Fire Ins. Co. v. Continental Ins. Co.
Citations
- 312 A.2d 664
- 126 N.J. Super. 29
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the underlying complaint asserted negligence claims against the driver’s and passenger’s parents for “negligence in the care, control and discipline of their child”
- noting that \there need be shown only a substantial nexus between the injury and the use of the vehicle in order for the obligation to provide coverage to arise\
- “Whether the requisite connection or degree of relationship exists depends upon the circumstances of the particular case.” (emphasis added)
- injury caused by stick discarded from a moving vehicle covered
- “In our mobile society the act of throwing or dropping objects from moving vehicles is not such an uncommon phenomenon that such occurrence may not be anticipated, nor so inconsequential that members of the public need no financial protection from the consequences thereof.”
- “In our view, although [the passenger’ s| act in throwing the stick from the automobile may not have been foreseen or expected, it was a sufficiently foreseeable consequence of the use of the vehicle to mandate coverage under the terms of the policies.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judges Carton, Seidman and Goldmann
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.