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FILIPPATOS v. SELECTIVE INS. CO.

241 N.J. Super. 236 (1990)

574 A.2d 1002

AGATHANGE FILIPPATOS, PLAINTIFF-RESPONDENT, v. SELECTIVE INSURANCE COMPANY OF AMERICA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 1990.

Attorney(s) appearing for the Case

Mark S. Kundla argued the cause for appellant (Bumgardner, Hardin & Ellis, attorneys; Mark S. Kundla, of counsel and on the brief; M. Christie Wise, on the brief).

Walter Pitio argued the cause for respondent.

Before Judges BRODY, MUIR, Jr. and FOLLENDER.

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

We decide in this appeal that the amount of underinsured motorist (UIM) coverage available to an injured person is not reduced by the portion of the tortfeasor's liability insurance that was used to pay the claims of other injured people. In doing so, we affirm Judge Lawrence Weiss's order for summary judgment and agree substantially with Judge Haines's opinion in Goughan v. Rutgers Cas. Ins. Co.,

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