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STRUBE v. TRAVELERS INDEMN. CO.

277 N.J. Super. 236 (1994)

649 A.2d 624

NANCY STRUBE, PLAINTIFF-APPELLANT, v. TRAVELERS INDEMNITY COMPANY OF ILLINOIS (T.I.L.), INDIVIDUALLY AND D/B/A THE TRAVELERS COMPANIES, WEBSTER M. GRIMM AND C.I.A.P.N.J., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 4, 1994.

Attorney(s) appearing for the Case

Brotman & Graziano, attorneys for appellant (David R. Oakley, on the brief).

Kenney & Kearney, attorneys for respondent The Travelers Indemnity Company (Michele M. Fox, of counsel; Ralph R. Smith, 3rd, on the brief).

Golden, Rothschild, Spagnola & Di Fazio, attorneys for respondent Webster H. Grimm (C. Edward Speidel, of counsel and on the brief).

Berlin, Kaplan, Dembling & Burke, attorneys for respondent New Jersey Automobile Insurance Plan (Marc L. Dembling, of counsel and on the brief).

Before Judges GAULKIN, BAIME and KESTIN.

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

N.J.S.A. 17:28-1.9a provides that no person shall be liable in an action for damages due to a named insured's selection of a given level of motor vehicle insurance. The statute was intended to abrogate prior judicial decisions holding insurers, agents, and brokers liable for failing to advise their customers of the availability of additional underinsured and uninsured motorist coverage. At issue is whether...

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