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STAUB v. HANOVER INS. CO.

251 N.J. Super. 66 (1991)

596 A.2d 1096

THOMAS STAUB, PLAINTIFF-APPELLANT, v. HANOVER INSURANCE COMPANY, A CORPORATION/ENTITY, DEFENDANT, AND NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, A CORPORATION/ENTITY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1991.

Attorney(s) appearing for the Case

Leonard Ginsberg argued the cause for appellant (Robert Diorio, attorney; Leonard Ginsberg, on the brief).

Edward P. Papalia, Jr., argued the cause for respondent (Joseph J. Michalowski, attorney; Joseph J. Michalowski, on the brief).

Before Judges BRODY, MUIR, Jr. and LANDAU.

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

We must now clarify a facet of underinsured motorist (UIM) insurance law. We held in Tyler v. N.J. Automobile Full Ins., 228 N.J.Super. 463, 466, 550 A.2d 168 (App.Div. 1988), that UIM benefits are available if the tortfeasor's liability insurance limits are lower than the claimant's UIM insurance limits. There, the tortfeasor...

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