A son’s wild party while his parents were out of town has presented the New Jersey Supreme Court with a novel insurance question: What proof of drug ingestion must there be for the homeowner’s policy’s exclusion for injuries arising out of illegal drug use to apply?

One of Matthew Cardiello’s guests at the 2003 party, 21-year-old Wendy Flomerfelt, passed out and was taken to a hospital, where she was diagnosed with acute respiratory failure, renal failure, a shocked liver and hearing loss. A toxicology report was positive for alcohol, cocaine, marijuana and various opiates.

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