TRENTON — The state Supreme Court today ruled an insurance company must defend a homeowner in a case in which a party guest overdosed on illegal drugs. Finding language in Pennsylvania General Insurance Co.’s exclusion clause to be ambiguous, the court said the . "The duty to defend attaches because some theories of liability advanced in the complaint would...
Members of the New Jersey Supreme Court at a hearing in May.TRENTON — The state Supreme Court today ruled an insurance company must defend a homeowner in a case in which a party guest overdosed on illegal drugs.
Finding language in Pennsylvania General Insurance Co.’s exclusion clause to be ambiguous, the court said the insurer is obligated to defend against party guest Wendy Flomerfelt’s claim in the case out of Somerset County.
"The duty to defend attaches because some theories of liability advanced in the complaint would not be excluded from coverage under the policy," according to a summary that accompanied the decision.
Flomerfelt, then 21 and of Warren Township, attended a party at the home of Matthew Cardiello in July 2003. Cardiello’s parents were away at the time.
She became unresponsive at some point during the party. The next day, Flomerfelt was taken from the house and hospitalized in critical condition. She was treated for kidney and liver failure. According to a hospital toxicology report, she had alcohol, marijuana, opiates and cocaine in her system.
Flomerfelt subsequently sued Cardiello, alleging he delayed calling for help for fear his family would find out about the party.
Cardiello denied knowing Flomerfelt was in trouble.
Pennsylvania General subsequently refused to defend or indemnify him.
Today’s decision reverses an appellate ruling finding in favor of the insurer and sends the case back to the trial court.
Five justices joined Justice Helen Hoens in the opinion. Justice Jaynee LaVecchia wrote a separate concurring opinion, which Justice Roberto Rivera-Soto joined.