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LEMOS v. SOUSA

294 N.J. Super. 28 (1996)

682 A.2d 277

MARIA J. LEMOS, PLAINTIFF, v. JOSE A. SOUSA, HELEINE E. KOPENSKI, CONTINENTAL LOSS ADJUSTMENT SERV., NEW JERSEY, USAA PROPERTY AND CASUALTY INSURANCE COMPANY, JOE DOE I-X AND JANE DOE I-X (SAID NAMES BEING FICTITIOUS), DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided May 9, 1996.

Attorney(s) appearing for the Case

Judith DeRosa, for plaintiff (Antonio R. Espinosa, attorney).

Reed C. Kleinle, for defendant USAA Property and Casualty Insurance Company (Sullivan and Graber, attorneys).

Peter A. Piro, for defendant Jose A. Sousa (Hack, Piro, O'Day, Merklinger, Wallace & McKenna, attorneys).

Edmund J. Green, for defendants Heleine E. Kopenski and Continental Loss Adjustment Serv., New Jersey (Grandstrand & Caiati, attorneys).

PISANSKY, J.S.C.

This is a case of first impression brought before the court on defendant USAA Property and Casualty Insurance Company's (USAA) motion for summary judgment and plaintiff, Maria Lemos's, cross-motion for a declaratory judgment. The issue is whether USAA is required to provide underinsured motorist (UIM) coverage to a non-licensed wife under her husband's insurance policy, which provides coverage to a spouse residing in the marital residence, when the...

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