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ARICO v. TOWNSHIP OF BRICK

281 N.J. Super. 471 (1995)

658 A.2d 730

ANTHONY ARICO, PLAINTIFF-APPELLANT, v. TOWNSHIP OF BRICK, INDIVIDUALLY AND THROUGH THEIR ADMINISTRATORS, GALLAGHER BASSETT SERVICES AND INTERNATIONAL SURPLUS LINES INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1995.

Attorney(s) appearing for the Case

Edward F. Duschock argued the cause for appellant.

Guy P. Ryan argued the cause for respondent Township of Brick and Gallagher Bassett Services (Gilmore & Monahan, attorneys; Thomas E. Monahan, of counsel; Mr. Ryan, on the brief).

Lars S. Hyberg argued the cause for respondent International Surplus Lines Insurance Company (McAllister, Westmoreland, Vesper & Schwartz, attorneys).

Before Judges MICHELS, STERN and KEEFE.

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

The issue on appeal is whether an excess insurance policy purchased by a self-insured municipality, to pay all claims above a fixed amount arising out of accidents involving motor vehicles owned by the municipality, provides UIM primary coverage when the municipality has elected not to provide basic underinsured (UIM) benefits in connection with its motor vehicles.

Plaintiff Anthony Arico ("Plaintiff...

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