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CHILDS v. N.J. MANUFACTURERS INS. CO.

199 N.J. Super. 441 (1985)

489 A.2d 1203

NICHOLAS CHILDS AND JOSEPH T. CHILDS, PLAINTIFFS-APPELLANTS, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-RESPONDENT, CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1985.

Attorney(s) appearing for the Case

Edward F. Lamb argued the cause for appellants (Robinson, Wayne, Levin, Riccio & La Sala, attorneys; Edward F. Lamb and Lawrence P. Platkin, on the brief).

Linda A. Palazzolo argued the cause for respondent (Connell, Foley & Geiser, attorneys; Linda A. Palazzolo, of counsel and on the brief).

Before Judges PRESSLER, BRODY and COHEN.

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

This appeal raises questions relating to "other insurance" clauses in the context of uninsured motorist (UM) endorsements. The primary issue is whether uninsured motorist coverage which contains an illegal excess-escape clause should be construed as providing primary coverage in accordance with the holding of Motor Club of America Ins. Co. v. Phillips, 66 N.J. 277 ...

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