The New Jersey Supreme Court struck down an appellate court's ruling that would have expanded the uninsured motorist statute to cover injuries incurred during a drive-by shooting.
The case involved an Irvington, N.J., resident who was shot in an alleged drive-by shooting in 2005. The victim, Camie Livsey, filed an uninsured motorist claim with her auto insurance carrier, Mercury Insurance Group, after the shooting.
A trial court dismissed the claim after concluding that uninsured motorist coverage does not extend to victims of a drive-by shooting. The court explained that an individual who seeks uninsured motorist benefits must satisfy a two-pronged test that injuries are the result of an automobile accident and that the accident was caused by ownership, maintenance, or operation by an uninsured vehicle.
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