FITCH v. LIBERTY MUT. INS. GROUP


305 N.J. Super. 661 (1997)

FREDERICK C. FITCH, JR., PLAINTIFF, v. LIBERTY MUTUAL INSURANCE GROUP, DEFENDANT.

Superior Court of New Jersey, Law Division Camden County.

Decided August 1, 1997.


Attorney(s) appearing for the Case

Epiphany McGuigan for plaintiff Frederick C. Fitch, Jr. (Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, attorneys).

Joseph A. Carita for defendant, Liberty Mutual Insurance Group, (Crawshaw, Mayfield, Turner, O'Mara, Donnelly, Thomas & McBride, P.C. attorneys).


ORLANDO, A.J.S.C.

The issue before the court is whether plaintiff Frederick C. Fitch, Jr. (Fitch) may proceed to Underinsured Motorist (UIM) arbitration against defendant, Liberty Mutual Insurance Group (Liberty Mutual) before his underlying action against the tortfeasor is resolved. The facts in this case are not in dispute.

On January 19, 1994, plaintiff Fitch was operating a 1992 Plymouth van owned by his employer, Dooley House, Inc., in the course of his...

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