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BROKENBAUGH v. N.J. MANUFACTURERS INS. CO.

158 N.J. Super. 424 (1978)

386 A.2d 433

LINDA BROKENBAUGH, PLAINTIFF-RESPONDENT, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND STATE OF NEW JERSEY UNSATISFIED CLAIM AND JUDGMENT FUND BOARD, DEFENDANT-RESPONDENT, AND JOSEPH L. DARGAN, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Mr. C. Kennon Hendrix argued the cause for defendant appellant (Mr. Roy D. Cummins, attorney).

Mr. Kenneth A. DiMuzio argued the cause for plaintiff respondent (Messrs. Falciani & DiMuzio, attorneys).

Mr. William R. Powers, Jr. argued the cause for defendant respondent Unsatisfied Claim and Judgment Fund Board (Messrs. Moss, Powell & Powers, attorneys).

Mr. John L. Fratto argued the cause for defendant respondent Dargan (Messrs. Bleakly, Stockwell & Zink, attorneys; Mr. Fred T. Fitchett on the brief).

Before Judges LYNCH, KOLE and PETRELLA.

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

Plaintiff, who was injured in an accident on January 6, 1973 while a passenger in an automobile driven by an uninsured motorist, filed a declaratory judgment action against the New Jersey Manufacturers Insurance Company (NJM) and the State of New Jersey Unsatisfied Claim and Judgment Fund (Fund). The complaint alleged that NJM had issued to Carlton Colburn (Colburn) and Gladys Brokenbaugh (Gladys)

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