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CONTINENTAL INS. CO. v. MILLER

280 N.J. Super. 85 (1994)

654 A.2d 514

CONTINENTAL INSURANCE COMPANY, PLAINTIFF, v. ROBERT MILLER, KENNETH FULTON, UNION COUNTY PROSECUTOR'S OFFICE, TOWNSHIP OF UNION, TOWNSHIP OF UNION POLICE DEPARTMENT, JOA M. DASILVA, STATE FARM MUTUAL INSURANCE COMPANY, NEW JERSEY MANUFACTURERS INSURANCE COMPANY, TOWNSHIP OF CRANFORD, TOWNSHIP OF CRANFORD POLICE DEPARTMENT, CITY OF EAST ORANGE, CITY OF EAST ORANGE POLICE DEPARTMENT, CITY OF ELIZABETH, CITY OF ELIZABETH POLICE DEPARTMENT, TOWNSHIP OF HILLSIDE, TOWNSHIP OF HILLSIDE POLICE DEPARTMENT, TOWNSHIP OF IRVINGTON, TOWNSHIP OF IRVINGTON POLICE DEPARTMENT, CITY OF LINDEN, CITY OF LINDEN POLICE DEPARTMENT, CITY OF NEWARK, CITY OF NEWARK POLICE DEPARTMENT, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, JOINT AUTO THEFT TASK FORCE, JOHN DOE (1-20), DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided October 14, 1994.

Attorney(s) appearing for the Case

Robert B. Rogers, for plaintiff (Hoagland, Longo, Moran, Dunst & Doukas, attorneys).

Alan R. Ackerman, for defendants Robert Miller and Kenneth Fulton.

Victor DiFrancesco, Jr., Assistant Union County Counsel, for defendant Union County Prosecutor's Office.

Raymond T. Sheldon, for defendant State Farm Mutual Insurance Company (William D. Surdovel, attorney).

William Gross, for defendant New Jersey Manufacturers Insurance Company (Connell, Foley & Geiser, attorneys).

Monica C. Kowalski, for defendant City of Elizabeth (La Corte, Bundy & Varady, attorneys).

Mondo V. Lee, for defendant City of Newark (Michelle Hollar-Gregory, Corporation Counsel, attorney).

OPINION

PISANSKY, J.S.C.

Defendants, Robert Miller and Kenneth Fulton, Union Township police officers, moved for summary judgment to dismiss plaintiff, Continental Insurance's ("Continental"), action for declaratory judgment in which Continental denies uninsured motorist (UM) coverage for the defendants. Further, defendants moved that the matter be arbitrated pursuant to the UM provision of the policy of automobile insurance between Union Township and Continental...

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