The New Jersey Supreme Court struck down an appellate court'sruling that would have expanded the uninsured motorist statute tocover injuries incurred during a drive-by shooting.
The case involved an Irvington, N.J., resident who was shot inan 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 thatuninsured motorist coverage does not extend to victims of adrive-by shooting. The court explained that an individual who seeksuninsured motorist benefits must satisfy a two-pronged test thatinjuries are the result of an automobile accident and that theaccident was caused by ownership, maintenance, or operation by anuninsured vehicle.
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