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Greer v. Naklicki

July 11, 2005; as amended July 13, 2005

BRIAN GREER, AN INFANT, BY HIS GUARDIAN AD LITEM, JEFFREY PETERSON, AND JEFFREY PETERSON, INDIVIDUALLY, PLAINTIFFS-APPELLANTS,
v.
MICHAEL G. NAKLICKI AND GLENN NAKLICKI, AND ALLSTATE INSURANCE COMPANY, DEFENDANTS-THIRD-PARTY PLAINTIFFS-RESPONDENTS,
v.
TRACY TRUCH, THIRD-PARTY DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division, Mercer County, L-1782-01 and L-1872-01.

The opinion of the court was delivered by: Coleman, R. B., J.A.D.

APPROVED FOR PUBLICATION July 11, 2005 APPELLATE DIVISION

Argued February 9, 2005

Before Judges Newman, R. B. Coleman and Holston, Jr.

On January 4, 2000, plaintiff Brian Greer, a minor, sustained serious physical injuries when the vehicle in which he was a passenger was struck by a vehicle owned and operated by defendant, Michael Naklicki.*fn1 Michael was insured under an automobile policy issued by intervenor Allstate New Jersey Insurance Company (Allstate) to his father, Glenn Naklicki. Allstate acknowledged coverage of both Michael and Glenn Naklicki under that automobile liability policy for the claims asserted in plaintiff's personal injury complaint and moved for a court order permitting it to deposit voluntarily the full policy limit of $100,000 with the Clerk of the Superior Court on behalf of the Naklickis.

Because plaintiff Greer opposed the motion to deposit the automobile policy limits into court, Allstate moved to intervene in the case and after summary judgment was granted dismissing plaintiff's claims against the father, Glenn Naklicki, Allstate also sought a declaratory judgment that Michael was not covered under the $1,000,000 personal umbrella policy Allstate had issued to Glenn Naklicki. Glenn Naklicki was the only named insured in the personal umbrella policy. Through its attorneys, Allstate notified the parties that it would not cover Michael under the personal umbrella policy, because by its terms, the policy only covered insured persons, defined in the policy as follows:

(a) You, and any other person who is named on the Policy Declarations;

(b) any person related to you by blood, marriage or adoption who is a resident of your household; or

(c) any dependent person in your care, if that person is a resident of your household.

Glenn is the named insured, but Allstate contends Michael is not a resident relative or a resident dependent.

The personal umbrella policy also contains the following relevant provisions pertaining to changes:

Premium Changes

The coverage provided and premium for this policy are based on information Allstate has received from you or other sources. You agree to cooperate with us in determining if this information is correct and complete. You agree that if this information changes or is incorrect or incomplete, we may adjust your coverage ...


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