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AINSWORTH v. STATE FARM MUT. INS. CO.

284 N.J. Super. 117 (1995)

663 A.2d 1365

LORRAINE AINSWORTH, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. STATE FARM MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT/CROSS-APPELLANT, AND PRUDENTIAL PROPERTY & CASUALTY COMPANY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 8, 1995.

Attorney(s) appearing for the Case

John S. Hoyt, III argued the cause for appellant (Hoyt & Smith, attorneys).

John Burke argued the cause for respondent Prudential Property & Casualty Company (Berlin, Kaplan, Dembling & Burke, attorneys).

Sean M. Dillon argued the cause for respondent/cross-appellant State Farm Mutual Insurance Company (Melli & Wright, attorneys).

Peter A. Olsen argued the cause for amicus curiae New Jersey Automobile Full Insurance Underwriting Association (Francis & Berry, attorneys; Hugh P. Francis, of counsel; Mr. Olsen, on the brief).

Deborah T. Poritz, Attorney General of New Jersey, attorney for amicus curiae New Jersey Commissioner of Insurance (Joseph L. Yannotti, Assistant Attorney General, of counsel; B. Stephen Finkel, Deputy Attorney General, on the brief).

Before Judges STERN, KEEFE and HUMPHREYS.

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

Two issues are presented on this appeal: 1) whether a motor vehicle insured by the New Jersey Automobile Full Insurance Underwriting Association (JUA) is uninsured in the context of N.J.S.A. 17:28-1.1, thereby permitting plaintiff to proceed directly against her uninsured motorist (UM) carrier rather than wait for payment under the JUA deferral plan; and...

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