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MOTOR CLUB OF AMERICA INS. CO. v. PHILLIPS

66 N.J. 277 (1974)

330 A.2d 360

MOTOR CLUB OF AMERICA INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. CHARLES R. PHILLIPS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 18, 1974.

Attorney(s) appearing for the Case

Mr. John P. Jehl argued the cause for appellant (Messrs. Feingold and Jehl, attorneys).

Mr. Jerome S. Lieb argued the cause for respondent (Messrs. Lieb, Teich & Berlin, attorneys).

The opinion of the Court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

This appeal presents to this court for the first time the extensively litigated question whether an "other insurance" exclusion in the uninsured motorist (UM) endorsement of an automobile liability policy, which purports to prohibit recovery on the UM coverage on the accident victim's own policy if he has recovered or has available recourse...

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