DICKENSON v. INDEMNITY INS. CO.


276 N.J. Super. 72 (1994)

647 A.2d 192

WILLIAM DICKENSON, PLAINTIFF, v. INDEMNITY INSURANCE CO. OF NORTH AMERICA, A SERVICING AGENT FOR THE N.J. AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOC., DEFENDANT, THIRD-PARTY PLAINTIFF, v. LICENSE BEVERAGE INSURANCE EXCHANGE, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Camden County.

Decided May 27, 1994.


Attorney(s) appearing for the Case

Sandford Schmidt for plaintiff (Gerstein, Cohen & Grayson, attorneys).

Laurie Harrold Rizzo for defendant, third party plaintiff (Slimm & Goldberg, attorneys).


ORLANDO, J.S.C.

This written decision supplements and amplifies the oral opinion which I have recently rendered. The resolution of this case requires the court to determine whether an injured motorist is barred from seeking underinsured motorist (UIM) benefits when a tortfeasor has liability limits greater than the claimant's UIM limits but the tortfeasor's carrier disclaims coverage asserting the failure of the tortfeasor to cooperate. If such a claimant is not barred...

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