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MONDELLI v. STATE FARM MUT. AUTO. INS. CO.

193 N.J. Super. 522 (1984)

475 A.2d 76

ROBERT L. MONDELLI, PLAINTIFF-RESPONDENT, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, v. NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 22, 1984.

Attorney(s) appearing for the Case

Perry & Blum, attorneys for appellant-cross-respondent Nationwide Mutual Insurance Company (Robert C. Blum on the brief).

Soriano, Henkel, Stein & Gaydos, attorneys for respondent-cross-appellant State Farm Mutual Automobile Insurance Company (Allan B. Stein on the brief).

Drazin and Warshaw, attorneys for respondent Robert L. Mondelli (Steven L. Kessel on the brief).

Before Judges BISCHOFF, PETRELLA and BRODY.

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

This appeal questions whether plaintiff is protected by the uninsured motorist (UM) provisions of his girlfriend's automobile policy. The accident occurred about 11:00 p.m. as he was standing in the roadway talking to his girlfriend who was in the driver's seat of her car which was parked at the curb. His arm was resting on the roof of the car. Just as she turned the ignition key, another vehicle struck him and...

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