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DANCY v. POPP

114 N.J. 570 (1989)

556 A.2d 312

LEROY DANCY, PLAINTIFF-RESPONDENT, v. EVELYN R. POPP, THE NATIONAL SURETY CORPORATION AND FIREMAN'S FUND INSURANCE COMPANY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 30, 1989.

Attorney(s) appearing for the Case

Lars S. Hyberg argued the cause for appellant Evelyn R. Popp (McAllister, Westmoreland, Vesper & Schwartz, attorneys).

Cindy J. Baen argued the cause for appellants The National Surety Corporation, et al. (Patricia Richmond Le Bon, attorney).

Donald N. Elsas argued the cause for respondent (Kent, Grayer & Rosenberg, attorneys).

Robert M. Kaplan submitted a brief on behalf of amicus curiae New Jersey Full Insurance Underwriting Association (Slimm, Dash & Goldberg, attorneys).

PER CURIAM.

This case arises from a dissent in the Appellate Division over the question whether the recital in plaintiff's application for auto insurance that he had been informed of the availability of additional uninsured and underinsured motorist coverage (UIM) precluded a claim for reformation of the policy or damages against the agent for failing to inform him of the availability of UIM coverage in the amount of $100,000. Plaintiff's policy insured him for $35...

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