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MARKET TRANS. v. PARISI-LUSARDI

293 N.J. Super. 471 (1996)

681 A.2d 660

MARKET TRANSITION FACILITY OF NEW JERSEY, BY AND THROUGH ITS SERVICING CARRIER, AMGRO INSURANCE COMPANY AND STATE FARM INSURANCE COMPANY, PLAINTIFFS-RESPONDENTS, v. TERESA PARISI-LUSARDI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 4, 1996.

Attorney(s) appearing for the Case

Craig R. Fishman argued the cause for appellant (Kotlikoff, Littlefield & Fishman, attorneys; Mr. Fishman, on the brief).

Lawrence D. Lally argued the cause for respondent Market Transition Facility of New Jersey (Montano, Summers, Mullen, Manuel, Owens & Gregorio, attorneys; Mr. Lally, of counsel and on the brief).

Chierici & Wright, P.C., attorneys for respondent State Farm Insurance Company (Carolyn J. Kornas, on the brief).1

Before Judges KLEINER and BRAITHWAITE.

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

This appeal raises a question of first impression in New Jersey: In light of the Supreme Court's decision in Aubrey v. Harleysville Ins. Cos., 140 N.J. 397, 658 A.2d 1246 (1995), may an individual, injured while driving the automobile of another, assert a claim for underinsured motorist (UIM) coverage purchased by a co-habitant family...

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