COMMERCIAL UNION ASSURANCE COMPANIES v. KAPLAN


152 N.J. Super. 273 (1977)

377 A.2d 957

COMMERCIAL UNION ASSURANCE COMPANIES, PLAINTIFF, v. BRIAN KAPLAN AND LYNN COLARUSSO AND STATE FARM MUTUAL INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 21, 1977.


Attorney(s) appearing for the Case

Messrs. Hein, Smith & Berezin for plaintiff (Mr. Lawrence D. Smith of counsel).

Messrs. Fuchs & Altschul for defendants Brian Kaplan and Lynn Colarusso (Mr. Lewis Greenberg of counsel).

Mr. William D. Surdovel for defendant State Farm Mutual Insurance Company.


MORRISON, J.C.C., Temporarily Assigned.

This case comes before the court on cross-motions for summary judgment. Defendants move for summary judgment on the basis that the suit filed by the carrier cannot be sustained as a matter of law; therefore, the arbitration proceeding should be commenced. Plaintiff moves for a judgment that the coverage under the uninsured motorist endorsement of its policy is not available to either defendant.

The following facts have...

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