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Case Briefs

By ALM Staff | Law Journal Newsletters |
February 06, 2006

New Jersey Supreme Court Rules Shooting Injuries Are Covered Under Homeowner's Policy

The New Jersey Supreme Court, in an evenly split decision, ruled that a homeowner's insurance policy did not exclude coverage for personal injury caused by a teen's firing of a BB gun. In Cumberland Mutual Fire Insurance Company v. Murphy, the policyholders' son shot BBs at passing cars from a raised wooden platform approximately 25 yards from the road. Not only was visibility poor on that dark and moonless night, but it also was sleeting. One of the BBs pierced the plastic window of a soft-top jeep, blinding the driver. Id. at 344-46, 873 A.2d at 534-36. The teen admitted he was trying to “ding” cars, which he knew was wrong. But, he claimed that he never intended to hurt anyone or thought that he could shoot into a car. He said that he was just “hav[ing] fun with [his] friends.” Id.

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