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COLFER v. ROYAL GLOBE INS. CO.

214 N.J. Super. 374 (1986)

519 A.2d 893

BARBARA JOAN COLFER, PLAINTIFF-APPELLANT, v. ROYAL GLOBE INSURANCE CO., DEFENDANT-RESPONDENT. and KENNETH R. CLAUDAT, ESQ., JOHN B. DWYER, ESQ., AND ROBERT COLFER, DEFENDANTS/THIRD-PARTY PLAINTIFFS, v. NANCY J. COLFER, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1986.

Attorney(s) appearing for the Case

Forman, Forman, Cardonsky & Andril, attorneys for appellant (Robert A. Ungvary, of counsel and on the brief).

Gallo, Geffner, Fenster, Farrell, Turitz & Harraka, attorneys for respondent (Ivy Paige Urdang, on the brief).

No brief was filed on behalf of defendant/third-party plaintiff John D. Dwyer.

No brief was filed on behalf of third-party defendant Nancy J. Colfer.

Before Judges MORTON I. GREENBERG, J.H. COLEMAN and R.S. COHEN.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

The issue presented here is whether a settlement of a UMI claim made by parents on behalf of a minor child bars a later claim independently made by the child who did not receive the benefits of the settlement. We hold that the child's claim is not barred in the absence of court approval of the parents' settlement.

This is what happened. In 1976, plaintiff Barbara Colfer was struck and injured by...

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