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GOODWIN v. RUTGERS CAS. INS. CO.

223 N.J. Super. 195 (1988)

538 A.2d 425

MODESTINE GOODWIN, PLAINTIFF-RESPONDENT, v. RUTGERS CASUALTY INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1988.

Attorney(s) appearing for the Case

Stacey R. Sack, argued the cause for appellant (Charles E. Reynolds, attorney).

Lewis Greenberg argued the cause for respondent (Fuchs, Altschul & Greenberg, attorneys).

Before Judges KING and GAULKIN.

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

This case raises two questions for our resolution: (1) may plaintiff, a passenger in a motor vehicle insured by Rutgers Casualty Insurance Company, recover under the uninsured motorist (UM) coverage where the tort-feasor is a bankrupt, self-insured trucker and (2) if so, may counsel fees be recovered in a claim under the UM coverage? The Law Division judge allowed a UM recovery, including counsel fees. We conclude...

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