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MAIMONE v. LIBERTY MUT. INS. CO.

302 N.J. Super. 299 (1997)

RAYMOND MAIMONE, PLAINTIFF-RESPONDENT, v. LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT, v. IFA INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1997.

Attorney(s) appearing for the Case

Paul T. Fader argued the cause for appellant (Connell, Foley & Geiser, LLP, attorneys; Richard D. Catenacci, of counsel; Mr. Fader, on the brief).

Brian R. Martinotti argued the cause for respondent Raymond Maimone (Beattie Padovano, attorneys; Mr. Martinotti, on the brief).

Walter F. Skrod argued the cause for respondent Liberty Mutual Insurance Company.

Before PETRELLA and KIMMELMAN, JJ.

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

This appeal involves a dispute between two insurance carriers as to which of the two is responsible as the primary carrier and which is responsible as the excess carrier with respect to underinsured motorist (UIM) benefits for injuries suffered by plaintiff.

While driving a non-owned vehicle (host vehicle) with the consent of the owner, plaintiff was involved in a collision and sustained personal...

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