PRUD. PROP. & CAS. INS. CO. v. MONMOUTH COUNTY MUN.


141 N.J. 235 (1995)

661 A.2d 785

PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. MONMOUTH COUNTY MUNICIPAL JOINT INSURANCE FUND, DEFENDANT-APPELLANT, AND SCIBAL INSURANCE GROUP AND TIMOTHY HOLMAN, DEFENDANTS.

The Supreme Court of New Jersey.

Decided May 25, 1995.


Attorney(s) appearing for the Case

Linda Hayes Grasso argued the cause for appellant (Cleary & Alfieri, attorneys; James J. Cleary, of counsel).

Randi S. Greenberg argued the cause for respondent (Robert A. Auerbach, attorney).


The opinion of the Court was delivered by STEIN, J.

This appeal concerns the liability of a municipality's insurance carrier (or self-insurance fund) for uninsured-motorist (UM) benefits to a covered employee who also has UM benefits available under his automobile-insurance policy. The municipality asserts that the overriding philosophy of public-entity immunity from tort liability under the New Jersey Tort Claims Act (Tort Claims Act), N.J.S.A. 59:1-1 to 12...

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