Intra Family Exclusion Clause In An Insurance Policy
Following the Merenoff v. Merenoff, 76 N.J. 535, 388 A.2d 951 (1978) case, this court held that the exclusion from coverage of intra-family torts in a homeowner's policy was not void as against public policy. Foley v. Foley, 173 N.J. Super. 256, 414 A.2d 34 (App.Div.1980).
We reasoned that there is no public policy that requires a homeowner to obtain an insurance policy protecting him/her against actions that might be brought against him/her by anybody. Id. at 259, 414 A.2d 34. See also Horesh v. State Farm Fire & Cas. Co., 265 N.J. Super. 32, 36-37, 625 A.2d 541 (App.Div.1993) (following Foley, supra, and validating a similar exclusionary clause applying to resident relatives of the insured).