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OLKUSZ v. BROWN

No. A-2216-07T2

951 A.2d 1069 (2008)

401 N.J. Super. 496

Susan OLKUSZ and Richard Olkusz, Plaintiffs-Respondents, v. Lakingy BROWN, Hackensack University Medical Center and Federal Insurance Company, Defendants-Appellants, and Atlantic Mutual Insurance Company, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 2008.

Attorney(s) appearing for the Case

Gerard H. Hanson, Princeton, argued the cause for appellants Lakingy Brown, Hackensack University Medical Center and Federal Insurance Company (Hill Wallack, attorneys; Mr. Hanson, of counsel and on the brief; Todd J. Leon, on the brief).

Glenn M. Gerlanc, Hackensack, argued the cause for respondents Susan and Richard Olkusz (Parisi & Gerlanc, attorneys; Mr. Gerlanc, of counsel and on the brief; Juliette Gillespie, on the brief).

Joseph J. Michalowski, Madison, argued the cause for respondent Atlantic Mutual Insurance Company (Chase Kurshan Herzfeld & Rubin, attorneys, Livingston; Mr. Michalowski, on the brief).

New Jersey State Bar Association, attorneys for amicus curiae New Jersey State Bar Association (Gerald H. Baker, Hoboken, of counsel and on the brief; Lynn Fontaine Newsome, President, Morristown, on the brief).

Maggiano, DiGirolamo, Lizzi & Roberts, Fort Lee, for amicus curiae American Trial Lawyers Association of New Jersey (Michael Maggiano, of counsel and on the brief).

Before Judges COBURN, FUENTES and CHAMBERS.

The opinion of the court was delivered by

FUENTES, J.A.D.

A "step-down" clause is a contractual device inserted in an auto insurance policy. Here, it limits the UM/UIM coverage available to the employee of the insured business entity to the lower coverage amount provided in that employee's personal auto policy, when available. This practice was expressly sanctioned by the Supreme Court in Pinto v. New Jersey Manufacturers Insurance Co.,

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