GOUGHAN v. RUTGERS CAS. INS. CO.


238 N.J. Super. 644 (1989)

570 A.2d 501

ELEANOR GOUGHAN AND RAYMOND GOUGHAN, PLAINTIFFS, v. RUTGERS CASUALTY INSURANCE COMPANY, DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

Decided June 23, 1989.


Attorney(s) appearing for the Case

Nicholas J. Costa for plaintiffs (Barbour & Costa, attorney).

Susan L. Moreinis for defendant.


HAINES, A.J.S.C.

This opinion considers a claim for underinsured motorist's coverage ("UIM"). It recognizes the rule that a carrier issuing a UIM policy to an automobile accident victim is entitled to a credit when the tortfeasor who caused the accident is insured. It concludes, however, that the credit is limited to the amount available to the victim after payments by the tortfeasor's insurer to other victims of the accident.

Raymond and Eleanor Goughan were...

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