UNIVERSAL UNDERWRITERS v. ATLANTIC EMP.


259 N.J. Super. 74 (1992)

611 A.2d 165

UNIVERSAL UNDERWRITERS INSURANCE COMPANY, PLAINTIFF, v. ATLANTIC EMPLOYERS INSURANCE COMPANY AND RANDOLPH NEUES, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County, Civil Action.

Decided May 15, 1992.


Attorney(s) appearing for the Case

John S. Fetten (Pollock, Montgomery & Chapin, Attorneys), for plaintiff.

Darryl W. Simpkins (K. Ruth Larson, Attorney), for defendant Atlantic Employers Insurance Company.


MENZA, J.S.C.

Each party moves for summary judgment.

This case involves the question of whether two underinsured motorist policy provisions are to be applied pro rata or as primary and excess.

The defendant, Randolph Neues, was injured in a motor vehicle accident while operating an automobile owned by Freehold Nissan. The plaintiff, Universal Underwriters Insurance Company (Universal), insured the vehicle...

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