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LONGWORTH v. OHIO CASUALTY GP. OF INS. CO.

213 N.J. Super. 70 (1986)

516 A.2d 287

ZENTA LONGWORTH, PLAINTIFF, v. THE OHIO CASUALTY GROUP OF INSURANCE COMPANIES, DEFENDANTS.

Superior Court of New Jersey, Law Division Morris County.

Decided August 11, 1986.

Attorney(s) appearing for the Case

William J. Vosper, Jr. for plaintiff (Purcell & Vosper, attorneys; William J. Vosper, Jr. on the brief).

Alan H. Bernstein for the defendant (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Alan H. Bernstein on the brief).

James D. Bride for amicus curiae Allstate Insurance Company (W. Stephen Leary, attorneys; James D. Bride on the brief).

GASCOYNE, P.J.Cv.

This is a case of first impression in New Jersey. The matter comes before the court by way of plaintiff's motion for partial summary judgment. Plaintiff seeks an adjudication of the validity of the "Reimbursement and Trust Agreement" clause contained in defendant-insurer's policy providing under insured motorist coverage. Defendant filed a cross-motion seeking a dismissal of the complaint on the grounds that this action is subject to arbitration...

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