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DI CIURCIO v. LIBERTY MUT. INS. CO.

299 N.J. Super. 426 (1997)

JOHN DI CIURCIO, PLAINTIFF-RESPONDENT, v. LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT, AND ALLSTATE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 1997.

Attorney(s) appearing for the Case

Sue Ellen Johnson, attorney for appellant Liberty Mutual Insurance Company (Donna K. Silverman, on the brief).

Green Lundgren & Ryan, attorneys for respondent Allstate Insurance Company (Francis X. Ryan, on the brief).

William Di Ciurcio, attorney for respondent John DiCiurcio, joined in the brief of Allstate Insurance Company.

Before Judges KING, KEEFE and CONLEY.

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

Defendant Liberty Mutual Insurance Company (Liberty) appeals from a Law Division judgment in which Judge Greene held that Liberty provided primary underinsured motorist (UIM) coverage to plaintiff John Di Ciurcio while defendant Allstate Insurance Company (Allstate) provided excess UIM coverage to plaintiff. On appeal, Liberty contends that the trial judge erred because his holding is contrary to the Supreme...

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