IFA INS. CO. v. WAITT


270 N.J. Super. 621 (1994)

637 A.2d 941

IFA INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. RUSSELL C. WAITT AND CNA INSURANCE COMPANIES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1994.


Attorney(s) appearing for the Case

Steven G. Kraus, Esq., argued the cause for appellant.

Douglas M. Fasciale, Esq. argued the cause for respondent (Hoagland, Longo, Moran, Dunst & Doukas, attorneys).

Before Judges J.H. COLEMAN and LEVY.


LEVY, J.S.C. [temporarily assigned].

Plaintiff appeals from an order granting summary judgment to defendant, holding that a PIP insurance carrier is not entitled to reimbursement from a commercial liability carrier where the commercial carrier's liability limit has been exhausted. We affirm.

On March 13, 1989, defendant Russell C. Waitt drove his truck into the rear of a passenger car operated by Thomas Nedermeyer; that car was propelled into the rear of Robert...

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