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N.J. MANUFACTURERS INSURANCE CO. v. FRANKLIN

160 N.J. Super. 292 (1978)

389 A.2d 980

NEW JERSEY MANUFACTURERS INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. WILLIAM H. FRANKLIN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1978.

Attorney(s) appearing for the Case

Mr. R. Peter Connell argued the cause for appellant (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Mr. Laurence Appet argued the cause for respondent (Messrs. Appet & Appet, attorneys).

Before Judges HALPERN, LARNER and KING.

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

Defendant William H. Franklin sustained serious injuries as a result of an automobile accident with a vehicle owned by Carmine V. Capalbo. As a result of a settlement agreement Capalbo's liability insurance carrier paid Franklin the sum of $25,000 representing the total coverage of Capalbo's policy. Thereafter Franklin made a claim against his own carrier, New Jersey Manufacturers Insurance Co., for the additional...

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