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CLEGG v. AUTO. FULL UNDERWRITING

254 N.J. Super. 634 (1992)

604 A.2d 179

F. CAROL CLEGG AND ROBERT J. CLEGG, HUSBAND AND WIFE, INDIVIDUALLY AND T/A SMELTZER REALTY CO., PLAINTIFFS-RESPONDENTS, v. NEW JERSEY AUTOMOBILE FULL UNDERWRITING ASSOCIATION, BY AND THROUGH ITS SERVICING CARRIER, CIGNA INSURANCE COMPANY, BOTH LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY, AND MARY SMELTZER, DEFENDANTS-APPELLANTS, AND CAMDEN FIRE INSURANCE COMPANY ASSOCIATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1992.

Attorney(s) appearing for the Case

Yampell, Nicodemo & Caruthers, attorneys for appellant New Jersey Automobile Full Insurance Underwriting Association (Donald Caruthers, III, on the brief).

Asbell & Kushner, attorneys for respondents F. Carol and Robert J. Clegg, individually and t/a Smeltzer Realty Co. (Andrew Kushner, on the brief).

Quinlan, Dunne & Higgins, attorneys for respondent Mary L. Smeltzer (Timothy J. Higgins, on the letter brief).

Before Judges GAULKIN, ROBERT MUIR, Jr. and LANDAU.

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

This appeal requires us to determine an issue respecting proration of underinsured motorist ("UIM") coverage where the insured owner of one car, his spouse and an independently insured passenger suffered damages resulting from an accident with an underinsured vehicle, and each policy required proration of UIM benefits under defined circumstances.

Our opinion affirms a Law Division determination which...

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