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BREITENBACH v. MOTOR CLUB OF AM. INS. CO.

295 N.J. Super. 328 (1996)

685 A.2d 36

CLAUDE BREITENBACH, PLAINTIFF-APPELLANT, v. MOTOR CLUB OF AMERICA INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1996.

Attorney(s) appearing for the Case

Seamus Boyle argued the cause for appellant (Weiseman Hely, attorneys; Mr. Boyle, on the brief and reply letter brief).

Alan H. Bernstein argued the cause for respondent (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Mr. Bernstein, of counsel; Mr. Bernstein and David J. Klein, on the brief).

Before Judges PRESSLER, STERN and WECKER.

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

In this case defendant, who provided underinsured motorist (UIM) coverage to plaintiff, insists that plaintiff's acceptance of a settlement with the tortfeasor, perfected within thirty days of plaintiff's notice to the carrier of the offer, deprived defendant of its subrogation rights and, thus, excuses it from UIM liability. The motion judge agreed with defendant...

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