WATSON v. AGWAY INS. CO.


291 N.J. Super. 417 (1996)

677 A.2d 788

PETER S. WATSON, INDIVIDUALLY AND AS GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF KATHLEEN S. WATSON, PLAINTIFF-RESPONDENT/CROSS-APPELLANT, v. AGWAY INSURANCE COMPANY AND FIRST TRENTON INDEMNITY COMPANY, DEFENDANTS/APPELLANT/RESPONDENT/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1996.


Attorney(s) appearing for the Case

Sharon K. Galpern argued the cause for appellant Agway Insurance Company (Stanley P. Stahl, attorney).

William J. Cook argued the cause for respondent/cross-appellant Peter S. Watson (Brown & Connery, attorneys).

Lawrence D. Lally argued the cause for respondent First Trenton Indemnity Company (Montano, Summers, Mullen, Manuel, Owens & Gregorio, attorneys).

Before Judges KEEFE, WEFING and A.A. RODRIGUEZ.


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

In this declaratory judgment action, defendant Agway Insurance Co. (Agway), appeals from the entry of summary judgment in favor of plaintiff Peter S. Watson holding that there was underinsured motorist (UIM) coverage available under Agway's business automobile and excess policies for the benefit of plaintiff's decedent Kathleen Watson. We affirm.

On July 5, 1994, plaintiff Peter Watson's wife, Kathleen...

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