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WASSERMAN v. WHARTON

223 N.J. Super. 394 (1988)

538 A.2d 1270

LEONARD WASSERMAN AND MAXINE SCHWARTZMAN, EXECUTRIX UNDER THE LAST WILL AND TESTAMENT OF MIRIAM WASSERMAN, DECEASED, AND RUSSELL SCHWARTZMAN, AN INFANT BY HIS GUARDIAN AD LITEM, MAXINE SCHWARTZMAN, AND MAXINE SCHWARTZMAN, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. WHARTON, LYON & LYON, DEFENDANT/THIRD-PARTY PLAINTIFF/RESPONDENT, AND NEWARK INSURANCE COMPANY, DEFENDANT/THIRD-PARTY DEFENDANT/RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1988.

Attorney(s) appearing for the Case

Alfred F. Avignone argued the cause for appellants (Goldstein, Toto, Romano & Avignone, attorneys; Alfred F. Avignone, on the brief).

William W. Graham argued the cause for respondent Newark Insurance Company (Magee & Graham, attorneys; Philip G. Pagano, on the brief).

Francis Schachtele permitted to argue the cause for respondent Wharton, Lyon & Lyon (Knapp & Blejwas, attorneys).

Before Judges PRESSLER, BILDER and SKILLMAN.

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

This controversy arises out of the unilateral deletion by an automobile liability insurer, defendant Newark Insurance Company/Royal Insurance Company, of the underinsured motorist coverage (UIM) it had theretofore included in the policies it had issued to its insured, plaintiff Leonard Wasserman. The questions raised are whether under the circumstances defendant's notice of deletion of UIM benefits previously...

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