Fernandez v. Selected Risks Insurance Company

12 Citing cases

  1. Fernandez v. Selected Risks Insurance Company

    82 N.J. 236 (N.J. 1980)   Cited 32 times
    In Fernandez, the New Jersey Supreme Court invalidated an "owned-but-uninsured vehicle" exclusion in an uninsured motorist policy which, like the policy under review in this case, provided general coverage for all members of the insured's household.

    As the Appellate Division in this case aptly observed, the statute "specifically and unambiguously requires an insurer to provide coverage for such sums . . . which the insured would be able to recover from the operator of an uninsured automobile whether the insured was walking, standing, running, riding a motorcycle or occupying an uninsured motor vehicle." Fernandez v. Selected Risks Ins. Co., 163 N.J. Super. 270, 275 (App.Div. 1978). Where coverage has been accorded to insureds by the insurance contract under the UM endorsement, the owned-but-uninsured exclusion cannot be invoked to avoid payment.

  2. Dullenty v. Rocky Mountain Fire Cas. Co.

    111 Idaho 98 (Idaho 1986)   Cited 20 times
    Finding "no legislative intent one way or the other" expressed on the question of whether other owned vehicle/household family member exclusions should be enforced, and concluding that the legislature would have specified that exclusionary clauses are unenforceable if it so intended

    See State Farm Automobile Insurance Co. v. Reaves, 292 Ala. 218, 292 So.2d 95 (1974); Mullis v. State Farm Mutual Automobile Ins. Co., 252 So.2d 229 (Fla. 1971); Kau v. State Farm Mut. Auto. Ins. Co., 58 Haw. 49, 564 P.2d 443 (1977); Nygaard v. State Farm Mutual Automobile Ins. Co., 301 Minn. 10, 221 N.W.2d 151 (1974); Lowery v. State Farm Mutual Automobile Ins. Co., 285 So.2d 767 (Miss. 1973); Shepherd v. American States Ins. Co., 671 S.W.2d 777 (Mo. 1984); Jacobson v. Implement Dealers Mut. Ins. Co., 196 Mont. 542, 640 P.2d 908 (1982); State Farm Mutual Automobile Ins. Co. v. Hinkel, 87 Nev. 478, 488 P.2d 1151 (1971); Fernandez v. Selected Risks Ins. Co., 163 N.J.Super. 270, 394 A.2d 877 (1978); Chavez v. State Farm Mutual Automobile Ins. Co., 87 N.M. 327, 533 P.2d 100 (1975); Bankes v. State Farm Mutual Automobile Ins. Co., 216 Pa. Super. 162, 264 A.2d 197 (1970); Hogan v. Home Insurance Co., 260 S.C. 157, 194 S.E.2d 890 (1973); Federated American Ins. Co. v. Raynes, 88 Wn.2d 439, 563 P.2d 815 (1977). A smaller number of courts have reached a contrary result.

  3. Fernandez v. Selected Risks Insurance Company

    79 N.J. 488 (N.J. 1979)

    Petition for certification granted. (See 163 N.J. Super. 270)

  4. Fernandez v. Selected Risks Insurance Company

    401 A.2d 244 (N.J. 1979)

    Cross-Petition for certification denied. (See 163 N.J. Super. 270)

  5. Hammon v. Farmers Ins. Group

    107 Idaho 770 (Idaho Ct. App. 1985)   Cited 11 times
    In Hammon v. Farmers Insurance Group (1984), 107 Idaho 770, 692 P.2d 1202, that court ruled that the policy requirement of physical contact was void as contrary to statute.

    1973); Shepherd v. American States Insurance Co., 671 S.W.2d 777 (Mo. 1984), overruling, Barton v. American Family Mutual Insurance Co., 485 S.W.2d 628 (Mo.App. 1972); Jacobson v. Implement Dealers Mutual Insurance Co., 640 P.2d 908 (Mont. 1982); State Farm Mutual Automobile Insurance Co. v. Hinkel, 87 Nev. 478, 488 P.2d 1151 (1971); Fernandez v. Selected Risks Insurance Co., 163 N.J. Super. 270, 394 A.2d 877 (App.Div. 1978); Chavez v. State Farm Mutual Auto Insurance Co., 87 N.M. 327, 533 P.2d 100 (1975); Ady v. West American Insurance Co., 69 Ohio St.2d 593, 433 N.E.2d 547 (1981), overruling, Orris v. Claudio, 63 Ohio St.2d 140, 406 N.E.2d 1381 (1980); Cothren v. Emcasco Insurance Co., 555 P.2d 1037 (Okla. 1976); Bankes v. State Farm Mutual Automobile Insurance Co., 216 Pa. Super. 162, 264 A.2d 197 (1970); Hogan v. Home Insurance Co., 260 S.C. 157, 194 S.E.2d 890 (1973); Allstate Insurance Co. v. Meeks, 207 Va. 897, 153 S.E.2d 222 (1967); Federated American Insurance Co. v. Raynes, 88 Wn.2d 439, 563 P.2d 815 (1977); Bell v. State Farm Mutual Automobile Insurance Co., 157 W. Va. 623, 207 S.E.2d 147 (1974).

  6. Longo v. Market Transition Facility

    326 N.J. Super. 316 (App. Div. 1999)   Cited 12 times
    Concluding that an intoxicated passenger's car driven by a thief or joy rider was an "uninsured motor vehicle" and not a vehicle furnished for regular use because a literal application would produce absurd result of denying UM coverage for a passenger who is a victim of a car-jacking

    The authors cite two cases in support of their proposition, Beek v. Ohio Cas. Ins. Co., 135 N.J. Super. 1 (App.Div. 1975), aff'd o.b., 73 N.J. 185 (1977) and Fernandez v. Selected Risks Ins. Co., 163 N.J. Super. 270 (App.Div. 1978),aff'd, 82 N.J. 236 (1980). In Beek, supra, the plaintiff insured was operating a motorcycle owned by him when he was struck and injured by an uninsured motorist.

  7. Landi v. Gray

    228 N.J. Super. 619 (App. Div. 1988)   Cited 19 times
    In Landi, supra, 228 N.J. Super. at 620-21, 550 A.2d 768, the plaintiff was seriously injured when a friend driving her brother's vehicle, in which she was a passenger, caused the vehicle to collide with a tree when it veered off the road.

    Once a named insured has elected to purchase underinsured motorist coverage, the carrier may not cut back the statutory scope of such coverage by excluding from the policy definition of an underinsured motor vehicle "any vehicle . . . [o]wned by . . . any family member" of the named insured. See Motor Club of America Ins. Co. v. Phillips, 66 N.J. 277, 292-293 (1974); Fernandez v. Selected Risks Insurance Company, 163 N.J. Super. 270, 273-274 (App.Div. 1978). The cited cases prohibit carriers from cutting back the scope of uninsured motorist coverage as mandated and defined by the statute.

  8. American Bankers Ins. Co. of Florida v. Stack

    208 N.J. Super. 75 (Law Div. 1984)   Cited 12 times
    Distinguishing Giambri on the ground that the policy before it had been issued to the named insured under the trade name of an unincorporated business and was, therefore, tantamount to a policy issued to the sole owner of the business and consequently provided coverage to his family members

    Our courts have consistently invalidated insurance policy provisions that attempt to reduce or limit uninsured motorist recoveries by monies received under bodily insurance policy provisions. Fellippello, supra; Fernandez v. Selected Risks Ins. Co., 163 N.J. Super. 270 (App.Div. 1978), certif. granted, 79 N.J. 488 (1979), cross-petition for certif.

  9. Liberty Mut. Ins. Co. v. Massey

    188 N.J. Super. 631 (Ch. Div. 1983)   Cited 1 times
    Reforming UM policy language "to the extent necessary to conform with the statutory mandated coverage"

    An interpretation of the policy issued by plaintiff within the framework of the legislation just mentioned requires that any provision which purports to be more restrictive be judicially modified to conform to the statutory standard. Beck v. Ohio Cas. Ins. Co., 73 N.J. 185 (1977); Selected Ins. Co. v. Zullo, 48 N.J. 362 (1966); Fernandez v. Selected Risks Ins. Co., 163 N.J. Super. 270, aff'd 82 N.J. 236 (1980); Willis v. Security Ins. Group, 104 N.J. Super. 410 (Ch.Div. 1968), aff'd o.b. 53 N.J. 260 (1969). When appropriate, the courts of this State have not hesitated to strike provisions of automobile liability policies which do not conform to relevant statutory mandates, including those requiring uninsured motorist coverage.

  10. Selected Risks Ins. Co. v. Allstate Ins. Co.

    179 N.J. Super. 444 (App. Div. 1981)   Cited 27 times
    Holding that "arbitrators' award will be vacated if * * * mistaken as to applicable law"

    1 (App.Div. 1975), aff'd o.b. 73 N.J. 185 (1977), and we have consistently invalidated insurance policy provisions which attempt to reduce or limit uninsured motorist recoveries by monies received under bodily injury insurance policy provisions. Fernandez v. Selected Risks Ins. Co., 163 N.J. Super. 270 (App.Div. 1978), certif. granted 79 N.J. 488 (1979), cross-petition for certif.