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JOHNSON v. MAC MILLAN

233 N.J. Super. 56 (1989)

558 A.2d 24

CARL O. & MILDRED JOHNSON, PLAINTIFFS-RESPONDENTS/CROSS-APPELLANTS, v. THOMAS R. MAC MILLAN, DEFENDANT, AND THE PUFFER AGENCY, INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT/THIRD-PARTY PLAINTIFF/CROSS-RESPONDENT, AND SELECTIVE RISKS INSURANCE COMPANY, DEFENDANT-APPELLANT/THIRD-PARTY DEFENDANT/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1989.

Attorney(s) appearing for the Case

Floyd F. Lombardi argued the cause for defendant-appellant/third-party plaintiff/cross-respondent The Puffer Agency, Inc. (De Sevo, Cerutti & Lombardi, attorneys; Floyd F. Lombardi, of counsel and on the brief).

Lewis Stein argued the cause for plaintiffs-respondents/cross-appellants Carl O. and Mildred Johnson (Nusbaum, Stein, Goldstein, Bronstein & Compeau, attorneys; Lewis Stein, on the brief).

John D. Allen, III, argued the cause for defendant-appellant/third-party defendant/cross-appellant Selective Risks Ins. Co. (Harwood Lloyd, attorneys; John D. Allen, on the brief).

Before Judges PRESSLER, O'BRIEN and STERN.

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

Plaintiffs Carl and Mildred Johnson sustained serious injuries on November 6, 1983, when their car, which Mr. Johnson was driving and in which Mrs. Johnson was a passenger, collided with an automobile owned and operated by defendant Thomas Mac Millan, later determined in a bifurcated jury trial to have been 100% negligent. Mac Millan, however, had only minimum $15,000/30,000 coverage. The Johnson policy...

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