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MURRAY v. ALLSTATE INS. CO.

209 N.J. Super. 163 (1986)

507 A.2d 247

PEGGY ANNE MURRAY, PLAINTIFF-APPELLANT, v. ALLSTATE INSURANCE COMPANY, JOHN NAUGHTON, JOHN DOE I AND JOHN DOE II, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1986.

Attorney(s) appearing for the Case

Thomas J. DiChiara argued the cause for appellant (Drazin and Warshaw, attorneys, Thomas J. DiChiara on the brief).

John S. Voynick, Jr., argued the cause for respondents Allstate and Naughton (Carpenter, Bennett and Morrissey, attorneys, John E. Keale, of counsel, John S. Voynick on the brief).

Before Judges KING, SIMPSON and SCALERA.

The opinion of the court was delivered by SCALERA, J.S.C. (temporarily assigned).

In this case we are asked to hold that a personal injury claimant may sue a liability carrier for "bad faith" without an assignment of that claim from the carrier's insured. Plaintiff appeals from the Law Division judge's order granting summary judgment and dismissing the complaint. We reaffirm the principle expressed by us in Biasi v. Allstate Ins. Co. 104...

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