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CUTITTA v. SELECTIVE INS. CO.

255 N.J. Super. 252 (1992)

604 A.2d 989

FRANK CUTITTA, PLAINTIFF-APPELLANT, v. SELECTIVE INSURANCE COMPANY OF AMERICA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1992.

Attorney(s) appearing for the Case

Gerald H. Baker argued the cause for appellant (Taenzer, Friedman, Ettenson & Stockton, attorneys; Joshua Friedman, on the brief).

Michael E. Carson, argued the cause for respondent.

Before Judges KING, GRUCCIO and BROCHIN.

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

On this appeal we must interpret New Jersey's current uninsured/underinsured motorist (UM-UIM) statute and its interplay with arbitration in the determination of verbal threshold issues. We conclude that where an arbitration clause directs arbitration of disputes as to severity of injury and extent of damages, an arbitrator, not a court, must resolve these issues...

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