Holding to its usual predilection for closely scrutinizing insurance exclusions, the New Jersey Supreme Court ruled Wednesday that a carrier must defend homeowners sued by a guest who suffered permanent injuries at a party, even if illegal drugs played a role.
The court said there was not enough evidence in the record, in Flomerfelt v. Cardiello, A-4-09, to determine if 21-year-old Wendy Flomerfelt’s injuries were caused by drug use, alcohol intake, a combination of the two, or the delay in calling for medical help after she passed out at a wild party hosted by Gary and Janet Cardiellos’ son, Matthew.
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