3-25-09 Penn National Insurance Company v. Frank Costa, et al.
(A-36-08)
In order to determine whether an injury arises out of the
maintenance, operation or use of a motor vehicle thereby
triggering automobile insurance coverage, there must be a
substantial nexus between the injury suffered and the asserted
negligent maintenance, operation or use of the motor vehicle.
In this case, there is no rational linkage between the negligent
failure to clear the driveway of snow and ice and the entirely
non-negligent maintenance activity in which Costa was engaged.
Therefore, CostaArians’s claims.
