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ROX v. ALLSTATE INS. CO.

250 N.J. Super. 536 (1991)

595 A.2d 563

KENNETH ROX AND WILFREDO RODRIGUEZ, PLAINTIFFS, v. ALLSTATE INSURANCE COMPANY, THE PRUDENTIAL INSURANCE COMPANY, CITY OF NEWARK, XYZ CORP., (A-10, FICTITIOUS NAMES), DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided July 22, 1991.

Attorney(s) appearing for the Case

Irwin B. Seligsohn for plaintiffs Kenneth Rox and Wilfredo Rodriguez (Goldberger & Seligsohn, attorneys).

John J. Kennedy for defendant Allstate Insurance Company (Kennedy & Kennedy, attorneys).

Raymond R. Connell for defendant Prudential Insurance Company (Dwyer, Connell & Lisbona, attorneys; Kenneth F. Mullaney, Jr., on the brief).

John C. Pidgeon, First Assistant Corporation Counsel for defendant City of Newark (Glenn A. Grant, Corporation Counsel, attorney).

VILLANUEVA, J.S.C.

The primary issue herein is whether an insurance carrier which issues a policy containing uninsured motorist coverage must exhaust these benefits before a semi-insured public entity is required to provide benefits. The court holds that it does not, and the benefits must be pro rated the same as if the public entity were insured by a commercial insurance policy.

STIPULATED STATEMENT OF FACTS

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