NORCIA v. LIBERTY MUT. INS. CO.


308 N.J. Super. 194 (1998)

VINCENT NORCIA, ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF LIVIO A. NORCIA, DECEASED, PLAINTIFF-APPELLANT, v. LIBERTY MUTUAL INSURANCE COMPANY AND NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1998.


Attorney(s) appearing for the Case

Vincent P. Manning argued the cause for appellant (Schottland, Manning & Rosen, attorneys; Mr. Manning, of counsel; Patricia B. Adams, on the brief).

Narinder S. Parmar argued the cause for respondents (Sellar Richardson, attorneys; James P. Richardson, of counsel; Mr. Parmar, on the brief).

Before Judges BAIME, WEFING and BRAITHWAITE.


BRAITHWAITE, J.A.D.

Plaintiff appeals from a summary judgment dismissing his complaint seeking $300,000 in uninsured motorist benefits or, in the alternative, directing that his claim proceed to binding arbitration under the policy. On appeal plaintiff contends:

POINT I THE TRIAL COURT ERRED IN GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, THEREBY DISMISSING PLAINTIFF'S CLAIM. POINT II THE TRIAL COURT ERRONEOUSLY...

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