OTTO v. PRUDENTIAL PROP. & CAS.


278 N.J. Super. 176 (1994)

650 A.2d 832

JOYCE OTTO, PLAINTIFF-RESPONDENT, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1994.


Attorney(s) appearing for the Case

Randi S. Greenberg, argued the cause for appellant (Robert A. Auerbach, attorney; Randi S. Greenberg, of counsel and on the brief).

Robert F. Rupinski, argued the cause for respondent (Schulze and Rupinski, attorneys; Mr. Rupinski, on the brief).

Before Judges BRODY, LONG and LEVY.


LEVY, J.A.D.

In this declaratory judgment action, plaintiff sought to obviate reimbursing her automobile insurer for monies it paid on plaintiff's behalf. Cross-motions for summary judgment were filed, and the trial court ruled in plaintiff's favor. Defendant appeals, and we reverse in part.

On March 10, 1985, plaintiff was involved in a motor vehicle accident with a commercial vehicle principally garaged in this state. She sustained serious injuries for which...

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