Diehl v. Cumberland Mut. Fire Ins. Co

In Diehl v. Cumberland Mut. Fire Ins. Co., 296 N.J. Super. 231, 235-38, 686 A.2d 785 (App.Div.), certif. denied, 149 N.J. 144, 693 A.2d 112 (1997), the operator of a pickup truck had placed his dog in the open cargo area of the vehicle. While the pickup truck was parked by the side of the road, a person walked around the rear of the truck and was bitten in the face by the dog. The Court concluded that the dog bite was a natural and foreseeable consequence of the use of the vehicle, and consequently the automobile liability policy insuring the driver provided coverage for the accident: We are satisfied that automobile liability insurance should cover this injury caused by a dog bite to the face occurring while the dog was in the open rear deck of a pickup truck because it arose out of the use of the vehicle to transport the dog. Moreover, the bite incident was facilitated by the height and open design of the deck. In our view the act was a natural and foreseeable consequence of the use of the vehicle, and there was a substantial nexus between the dog bite and the use of the vehicle at the time the dog bit the plaintiff. Id. at 236, 686 A.2d 785. The Court also concluded that a homeowner's policy insuring the driver did not provide coverage because "the dog bite . . . had a substantial nexus to the use of a motor vehicle and arose out of the use of a motor vehicle." Id. at 237-38, 686 A.2d 785.