MURPHY v. ALLSTATE INS. CO.


252 N.J. Super. 280 (1991)

599 A.2d 916

JOSEPH MURPHY, MARY ELLEN AGUNZO AND DAVID KOTKES, PLAINTIFFS-RESPONDENTS, v. ALLSTATE INSURANCE COMPANY, DEFENDANT, AND NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION AND KENNETH D. MERIN, COMMISSIONER OF INSURANCE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1991.


Attorney(s) appearing for the Case

Donald Parisi, Deputy Attorney General, argued the cause for appellant Kenneth D. Merin, Commissioner of Insurance (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Donald Parisi, on the brief).

Francis X. Ryan argued the cause for appellant New Jersey Automobile Full Insurance Underwriting Association (Green, Lundgren & Ryan, attorneys; Francis X. Ryan, of counsel and on the brief).

Anthony M. Sellitto, Jr., argued the cause for respondents Joseph Murphy, Mary Ellen Agunzo and David Kotkes.

Before Judges GAULKIN, BRODY and MUIR, Jr.


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

We now consolidate these separate appeals from a summary judgment entered in plaintiffs' favor. The trial court opinion is reported at 246 N.J.Super. 42, 586 A.2d 860 (Law Div. 1990).

Plaintiffs sustained minor injuries in an automobile accident on March 18, 1989. Because they...

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