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LONGWORTH v. VAN HOUTEN

223 N.J. Super. 174 (1988)

538 A.2d 414

ZENTA LONGWORTH, PLAINTIFF, v. PETER VAN HOUTEN, DEFENDANT-RESPONDENT. and ZENTA LONGWORTH, PLAINTIFF-RESPONDENT, v. THE OHIO CASUALTY GROUP OF INSURANCE COMPANIES, DEFENDANT-APPELLANT. CECELIA V. NASH AND JAMES S. NASH, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1988.

Attorney(s) appearing for the Case

Alan H. Bernstein argued the cause for appellant The Ohio Casualty Group of Insurance Companies (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Alan H. Bernstein, of counsel; Samuel N. Faivus, on the brief).

William J. Vosper, Jr. argued the cause for respondent Longworth (Purcell and Vosper, attorneys; William J. Vosper, Jr., on the brief).

James D. Bride argued the cause for respondent Van Houten (W. Stephen Leary, attorneys; James D. Bride, of counsel; John Haschak, III, on the brief).

Robert A. Auerbach argued the cause for appellant Prudential Property and Casualty Insurance Company (Robert A. Auerbach, attorney; Robert A. Auerbach, of counsel; Randi S. Greenberg, on the brief).

William Emmett Sitzler argued the cause for respondents Cecelia V. Nash and James S. Nash, her husband (William Emmett Sitzler, attorney; William Emmett Sitzler, on the brief).

Before Judges PRESSLER, MUIR, Jr. and SKILLMAN.

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

These appeals, which we have consolidated on our own motion, raise novel and complex questions not heretofore decided by the appellate courts of this state respecting underinsured motor vehicle coverage (UIM). Implicated here are the so-called exhaustion clause, the consent-to-settle clause, and the subrogation clause of typical UIM coverage. We are called upon to consider the interrelationship of these...

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