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STATE FARM MUT. AUTO. LIAB. INS. CO. v. KISER

168 N.J. Super. 230 (1979)

402 A.2d 952

STATE FARM MUTUAL AUTOMOBILE LIABILITY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. EARL R. KISER AND ROSEMARY KISER, DEFENDANTS-RESPONDENTS, AND NEW JERSEY PROPERTY LIABILITY INSURANCE GUARANTY ASSOCIATION, AS SUCCESSOR TO THE INTEREST OF GATEWAY INSURANCE COMPANY, AND DORIS S. GREENBERG, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1979.

Attorney(s) appearing for the Case

Mr. James J. Casby, Jr. argued the cause for appellant (Messrs. Casby, Garrigle & Chierici, attorneys; Mr. Richard C. Borton on the brief).

Mr. John C. Babin argued the cause for respondents (Mr. Nicholas A. Lacovara, attorney).

Before Judges LORA, MICHELS and LARNER.

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

This appeal presents the question whether an injured person can recover under the uninsured motorist endorsement of his automobile liability policy where he has covered claim against the New Jersey Property Liability Insurance Guaranty Association (Association) as a consequence of the insolvency of the tortfeasor's insurance carrier.

Earl R. Kiser and his wife Rosemary Kiser sustained personal injuries...

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