ARENSON v. AMERICAN RELIANCE INS.


284 N.J. Super. 337 (1994)

665 A.2d 394

ARLENE ARENSON AND MARVIN ARENSON, PLAINTIFFS, v. AMERICAN RELIANCE INSURANCE CO. AND/OR VIC BROTHERS AS SUCCESSOR TO AMERICAN RELIANCE INS. CO., AND AETNA CASUALTY & SURETY CO., DEFENDANTS.

Superior Court of New Jersey, Law Division Camden County.

Decided February 25, 1994.


Attorney(s) appearing for the Case

Gary D. Ginsberg, for plaintiffs.

Timothy M. Crammer, for defendant Aetna Casualty & Surety Co. (Horn, Goldberg, Gorny, Daniels, Paarz, Placher & Weiss, attorneys).

Daniel A. Griffith, for defendant VIC Brothers (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys).


ORLANDO, J.S.C.

This written decision supplements and amplifies the oral opinion which I have recently rendered.

The resolution of the case presently before this court requires an analysis of the effect which the 1987 amendments to the Comparative Negligence Act, N.J.S.A. 2A:15-5.3, had on an injured claimant's right to recover benefits pursuant to an underinsured motorist (UIM) endorsement.

The underlying facts are not in dispute. On September...

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