Opinion · Supreme Court of New Jersey
Westchester Fire Insurance v. Continental Insurance
65 N.J. 152
- Type
- Opinion
- Court
- Supreme Court of New Jersey
- Jurisdiction
- New Jersey
- Date
- 1974-05-29
- Topic
- commercial
construing the phrase “arising out of” to mean “originating from,” “growing out of,” or having a “substantial nexus.” | construing the phrase “arising out of” to mean “originating from,” “growing out of,” or having a “substantial nexus.” | finding the insurance policy covered a bicyclist struck and killed by a stick thrown by a passenger in a moving car because such injuries were not uncommon and could be anticipated by parties to the insurance contract | object thrown from car by passenger struck pedestrian; owner, operator and passenger covered by auto liability policy | injury caused by stick discarded from a moving vehicle covered
Citator
- Cited by
- 31 opinions
The judgment is affirmed substantially for the reasons expressed by the Appellate Division. Westchester Fire Insurance Co., Richard B. Holcombe, Alice Holcombe and Wilbur S. Holcombe v. The Continental Insurance Companies New Jersey Manufacturers Insurance Co., Motor Club Fire & Casualty Co., Jackie W. Eisner, etc., and Elmer Richard Potent, Guardian Ad Litem for Richard M. Potent, an infant, Elmer Richard Potent and Charlotte Potent, individually, vs. Jackie W. Eisner, Haltie Eisner, Elmer Eisner, Sr., and Richard B. Holcombe, Sr., etc, 126 N. J. Super.
For reversal — Hone.
For affirmance — Justices Jacobs, Hall, Mountain, Sullivan and Pashman — 5.