GORTON v. RELIANCE INSURANCE COMPANY


77 N.J. 563 (1978)

391 A.2d 1219

JEAN GORTON; MARI FERRY; AND BERNARD LEVENBERG, AS ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF JUDY LEVENBERG, DECEASED, PLAINTIFFS-RESPONDENTS, v. RELIANCE INSURANCE COMPANY, UTICA MUTUAL INSURANCE COMPANY, AND GOVERNMENT EMPLOYEES INSURANCE COMPANY, DEFENDANTS-APPELLANTS. A-65/66-67 EMPIRE MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. PHILIP J. DEMPSEY, DEFENDANT-RESPONDENT, AND JOHN P. GILMORE, DEFENDANT. A-69

The Supreme Court of New Jersey.

Decided September 18, 1978.


Attorney(s) appearing for the Case

Mr. Anthony C. Stuart argued the cause for defendant-appellant Government Employees Insurance Company (Messrs. Hansen, Pantages, Sellar & Zavesky, attorneys; Mr. Louis J. Pantages and Mr. Stuart, of counsel and on the brief).

Mr. Thomas B. Mannion argued the cause for defendant-appellant Reliance Insurance Company (Messrs. Lynch, Mannion, Lutz & Lewandowski, attorneys; Mr. Mannion, on the brief).

Mr. William E. Grant argued the cause for plaintiff-appellant Empire Mutual Insurance Company (Mr. Edward A. Harmon, attorney; Mr. Norman Zeiner, on the brief).

Mr. Leonard Finkelstein argued the cause for plaintiffs-respondents Gorton, Ferry and Levenberg (Messrs. Heilbrunn, Finkelstein, Heilbrunn, Garruto & Galex, attorneys; Mr. Martin W. Yazgier, on the brief).

Mr. David P. Loughran argued the cause for defendant-respondent Philip J. Dempsey (Messrs. Sutton, Ward, Sutton, Hein & O'Malley, attorneys; Mr. Lowell A. Berg, on the brief).


PER CURIAM.

These two cases, argued here together but not formally consolidated, pose a common question of availability of uninsured motorist (UM) coverage. They arise out of a two-vehicular collision of July 16, 1971 in Holmdel, New Jersey. Plaintiffs Gorton and Ferry and plaintiff Levenberg's decedent, Judy Levenberg (along with another, unidentified person not here involved), were passengers in an automobile owned and operated by one Richard Chamos. Dempsey, defendant...

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