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ZIRGER v. GENERAL ACC. INS. CO.

144 N.J. 327 (1996)

676 A.2d 1065

MARTIN S. ZIRGER, PLAINTIFF-APPELLANT, v. GENERAL ACCIDENT INSURANCE COMPANY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 12, 1996.

Attorney(s) appearing for the Case

Roy T. Konray argued the cause for appellant (Ravich, Koster, Tobin, Oleckna, Reitman & Greenstein, attorneys).

Elliott Abrutyn argued the cause for respondent (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Warren Usdin, on the brief).

The opinion of the Court was delivered by STEIN, J.

The critical issue posed by this appeal is whether plaintiff's damages verdict against a third-party tortfeasor, awarded after a jury trial, collaterally estops General Accident Insurance Company (General Accident) from enforcing the arbitration clause included in the underinsured motorist (UIM) endorsement of plaintiff's automobile insurance policy. General Accident concedes that it knew of plaintiff's intention...

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