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KOUGH v. N.J. AUTO. FULL INS.

237 N.J. Super. 460 (1990)

568 A.2d 127

LAUREN KOUGH, PLAINTIFF-APPELLANT, v. NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 3, 1990.

Attorney(s) appearing for the Case

Daniel P. Simpson argued the cause for appellant (Hirsch, Newman, Simpson & Baer, attorneys; Daniel P. Simpson and Nancy J. Platkin, on the brief).

Jeffrey E. Gorrin argued the cause for respondent (Gorrin, Gorrin & McFadden, attorneys; (Caryn S. Granofsky, on the brief).

Before Judges PETRELLA, O'BRIEN and STERN.

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

The novel issue in this case is whether a passenger injured by the negligence of an uninsured driver can recover uninsured motorist (UM) benefits where the driver is a fellow employee and the passenger receives workers' compensation benefits. Defendant, New Jersey Automobile Full Insurance Underwriting Association (JUA), declined coverage, reasoning that UM benefits were payable only when the insured is...

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