New Jersey High Court Denies Claim in Drive-by Shooting

February 24, 2009

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New Jersey’s Supreme Court has denied a drive-by shooting victim’s attempt to have her car insurer reimburse her under uninsured motorist coverage.

Camie Livsey was leaving a grocery store in Irvington four years ago when she was shot.

Witnesses saw an older Toyota speeding from the scene, though it was not determined if the shots were fired from the car.

Livsey’s claim was denied by Mercury Insurance. Livsey sued Mercury, saying it was reasonable to expect a drive-by shooting in a high-crime area could involve an uninsured motorist.

An appeals court had reversed a trial judge’s ruling against Livsey.

The Supreme Court ruled by a 4-3 majority to uphold the trial judge’s decision.

Livsey’s attorney didn’t return an Associated Press call seeking comment on Thursday.

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Latest Comments

  • February 25, 2009 at 9:50 am
    Clark says:
    Intentional Act. How is this policy wording ambiguous? It must be though right?
  • February 24, 2009 at 6:00 am
    wudchuck says:
    interesting, because the vehicle did not cause any damage to her, just the person who raped her. how did the judges justify that as um coverage? does that mean i can use my ... read more
  • February 24, 2009 at 5:20 am
    Something Missing says:
    What is missing is if she was claiming PD for damage to her vehicle or BI for her injuries. Apparently this was for BI...which means should never had been a claim. If PD...mig... read more
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