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GORTON v. RELIANCE INS. CO.

137 N.J. Super. 558 (1975)

350 A.2d 77

JEAN GORTON, MARI FERRY AND BERNARD LEVENBERG, ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF JUDY LEVENBERG, DECEASED, PLAINTIFFS-APPELLANTS, v. RELIANCE INSURANCE COMPANY, UTICA MUTUAL INSURANCE COMPANY, AND GOVERNMENT EMPLOYEES INSURANCE COMPANY, DEFENDANTS-RESPONDENTS, AND THOMAS E. ADDY, JR., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1975.

Attorney(s) appearing for the Case

Mr. Leonard Finkelstein argued the cause for appellants (Messrs. Heilbrunn, Tabman, Josephs, Finkelstein, Heilbrunn & Garruto, attorneys; Mr. David J. Popiel, of counsel).

Mr. Thomas B. Mannion argued the cause for respondent Reliance Insurance Company (Messrs. Lynch, Mannion, Lutz & Lewandowski, attorneys).

Mr. John E. Riehl argued the cause for respondent Utica Mutual Insurance Company (Messrs. Wolff, Britt & Riehl, attorneys).

Mr. Anthony C. Stuart argued the cause for respondent Government Employees Insurance Company (Messrs. Hansen, Pantages, Sellar & Zavesky, attorneys).

Before Judges HALPERN, CRANE and MICHELS.

The opinion of the court was delivered by MICHELS, J.A.D.

Plaintiffs appeal from a summary judgment of the Law Division in favor of defendant insurance companies declaring that the uninsured motorist (UM) endorsement of the automobile liability policies issued by defendants did not provide coverage to plaintiffs for the damages they sustained as a result of an automobile accident, because the automobile in which plaintiffs Jean Gorton and Mari Ferry and plaintiff...

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