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WOLFE v. SPERLING AGENCY, INC.

228 N.J. Super. 428 (1988)

549 A.2d 1275

LEONARD WOLFE AS ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF DEBRA WOLFE, PLAINTIFFS, v. SPERLING AGENCY, INC., AND THE HANOVER INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided August 12, 1988.

Attorney(s) appearing for the Case

Pamela Giannotto for Plaintiffs (Gallo, Geffner, Fenster, Farrell, Turitz & Harraka, Attorneys).

Anthony C. Stuart, for Defendant Hanover Insurance Company (Sellar, Richardson, Stuart & Chisholm, P.C., Attorneys).

YANOFF, J.S.C. (retired and temporarily assigned on recall).

At issue is the meaning of an "underinsured motor vehicle," in N.J.S.A. 17:28-1.1 e.

The context is not in dispute. On January 13, 1985, plaintiff's daughter, Debra Wolfe, was killed in an automobile accident. She was a passenger in a car driven by Gregory Reyes, whose negligence caused the accident. Of the two other passengers in the car, one was killed and one was severely injured.

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