O'CONNELL v. N.J. MFRS. INS. CO.


306 N.J. Super. 166 (1997)

DANIEL D. O'CONNELL, PLAINTIFF-APPELLANT, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY AND PARKWAY INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1997.


Attorney(s) appearing for the Case

Joel L. Pitman argued the cause for appellant (Pitman, Pitman and Mindas and Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, attorneys; Mr. Pitman and Donald P. Jacobs, on the brief).

Brian G. Steller argued the cause for respondent New Jersey Manufacturers (Connell, Foley & Geiser, attorneys; Mr. Steller, of counsel; Jeffrey K. Lehrer, on the brief).

Eugene P. Franchino argued the cause for respondent Parkway Insurance (Miriam R. Rubin, attorney; Mr. Franchino, on the brief).

Before Judges MUIR, Jr., KESTIN and CUFF.


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

We are called upon, for the second time, to resolve plaintiff's entitlement to arbitrate an insurance coverage claim arising out of a January 13, 1994, automobile accident. In New Jersey Mfrs. v. O'Connell, 300 N.J.Super. 1, 692 A.2d 51 (App.Div. 1997) (O'Connell I), we ruled plaintiff was entitled to arbitrate his underinsured motorist (UIM) claim as...

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