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STIEFEL v. BAYLY, MARTIN AND FAY

242 N.J. Super. 643 (1990)

577 A.2d 1303

HAROLD STIEFEL, PLAINTIFF-RESPONDENT, v. BAYLY, MARTIN AND FAY OF CONNECTICUT, INC., AND CITY INSURANCE COMPANY/HOME INSURANCE CO., DEFENDANTS, AND BRUNEL JOSEPH, COBB, NORTON & TOMA, INC., ELLIS COBB, NEWARK INSURANCE CO., AND MOTORLEASE CORP., DEFENDANTS-RESPONDENTS, AND PACIFIC EMPLOYERS INSURANCE CO./INSURANCE COMPANY OF NORTH AMERICA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1990.

Attorney(s) appearing for the Case

Robert H. Gardner argued the cause for appellant (DeYoe, Heissenbuttel & Mattia, attorneys; Gary R. Matano, on the brief).

James A. Mella argued the cause for respondent Harold Stiefel (Mella & Ruotolo, attorneys; James A. Mella, on the brief).

Frank M. Coscia argued the cause for respondent Newark Insurance Company (Gallo, Geffner, Fenster, Turitz & Harraka, attorneys; Frank M. Coscia, of counsel and on the brief).

Rebecca Smith McNinney argued the cause for respondent Motorlease Corp. (Donington, Leroe, Salmond, Luongo & Santoro, attorneys; Susan G. Rankin, on the brief).

Richard M. O'Meara attorney for respondents Cobb, Norton & Toma, Inc. and Ellis Cobb (Richard M. O'Meara and Susan J. Ellis, on the brief).

Before Judges PETRELLA, O'BRIEN and HAVEY.

The opinion of the court was delivered by O'BRIEN, J.A.D.

Pacific Employers Insurance Company (PEIC) appeals from a summary judgment finding it liable under its excess blanket catastrophe liability (umbrella) policy to pay to plaintiff as an insured the portion of his claim in excess of underinsured coverage provided by the underlying policies. We reverse.

On February 11, 1986, 25 year old Harold Stiefel (plaintiff) suffered injuries in a collision with a...

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