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NEW JERSEY MFRS. v. O'CONNELL

300 N.J. Super. 1 (1997)

NEW JERSEY MANUFACTURERS, PLAINTIFF-RESPONDENT, v. DANIEL D. O'CONNELL, DEFENDANT-APPELLANT, AND ANN HARPOOTLIAN, JIM CURLEY PONTIAC-GMC TRUCK, ITT HARTFORD, PARKWAY INSURANCE COMPANY (SERVICED BY MATERIAL DAMAGE ADJUSTMENT NEW JERSEY), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1997.

Attorney(s) appearing for the Case

Joel L. Pitman argued the cause for appellant (Pitman, Pitman and Mindas, Attorneys; Mr. Pitman and Edward H. Lee, on the brief).

Brian G. Steller argued the cause for respondent NJM (Connell, Foley & Geiser, attorneys; Mr. Steller, on the brief).

Thomas Haluszczak, Jr., argued the cause for respondent ITT Hartford (Henry S. Buchanan, attorney; Mr. Haluszczak, on the brief).

Before Judges MICHELS, MUIR, Jr., and COBURN.

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

On this appeal, we are called upon to resolve the effect Aubrey v. Harleysville Ins. Co., 140 N.J. 397, 658 A.2d 1246 (1995), has on a preexisting agreement between an injured non-owner driver of an automobile and a UIM insurer for the owner where the owner's policy provides greater UIM liability coverage than the driver's policy. Prior...

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