SW Legal Educational Publishing

Uninsured Motorist Coverage Applies to Victim of Intentional Tort with a Vehicle
Description Party with no-fault insurance was injured in his vehicle in an assault by an uninsured motorist using a vehicle. Court held that uninsured motorist coverage would apply despite the intentional tort because of the liberal coverage of no-fault insurance.
Topic Insurance
Key Words Uninsured Motorist, Intentional Collision, No Fault
C A S E   S U M M A R Y
Facts Gregory was injured when the driver of an uninsured vehicle intentionally struck the rear of his vehicle. Gregory, who had a no fault-insurance policy with Allstate, filed a claim. Allstate contended it was not obligated to cover the incident because it was an intentional tort, not an accident. The court ordered Gregory and Allstate to arbitration per the arbitration clause in the policy. Allstate moved for reconsideration.
Decision Parties must go to arbitration. The uninsured motorist coverage applies to the insured despite the tort of assault with a vehicle. The no-fault insurance law mandates a liberal interpretation of the statute to provide coverage to victims of accidents. The statute "clearly and unmistakably provides that uninsured motorist coverage must be afforded to persons who sustain bodily injuries ‘arising out of the ownership, maintenance or use of a motor vehicle.’" Coverage applies.
Citation Gregory v. Allstate Insurance Co., —A.2d— (1998 WL 614604, Super. Ct., L. Div., N.J.)

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