TOMASSINI v. SAUNDERS


274 N.J. Super. 203 (1994)

643 A.2d 665

ANNA TOMASSINI, PLAINTIFF, v. PAUL H. SAUNDERS, THE UNSATISFIED CLAIM AND JUDGMENT FUND BOARD, KENNETH D. MERIN, COMMISSIONER OF INSURANCE, DEFENDANTS, PATRICK O'HARA, PLAINTIFF, v. PAUL H. SAUNDERS, JOHN DOE (A FICTITIOUS NAME), UNSATISFIED CLAIM & JUDGMENT FUND BOARD AND MARKET TRANSITION FACILITY (IMPROPERLY DENOMINATED NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOC., DEFENDANTS.

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

Decided January 26, 1994.


Attorney(s) appearing for the Case

Raul F. Tous, for plaintiff Anna Tomassini.

David Gelband for plaintiff Patrick O'Hara (Kirsch, Gelband & Stone, attorneys).

John W. Noonan for defendants Paul H. Saunders and the Unsatisfied Claim and Judgement Fund (Thomas P. Ford, attorney).

Lee S. Befeler for defendant Market Transition Facility (Sullivan & Graber, attorneys).


MENZA, J.S.C.

On January 28, 1991, the plaintiffs, pedestrians in this consolidated action, were injured when they were struck by an automobile owned and operated by the defendant, Paul Saunders, (Saunders). Prior to that date Saunders had been insured by Market Transition Facility of New Jersey (MTF). Plaintiffs brought suit against Saunders, MTF and the Unsatisfied Claim and Judgment Fund (UCJF), the latter because MTF contended it did not insure Saunders on the...

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