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BROWN v. SELECTIVE INS. CO.

311 N.J. Super. 210 (1998)

TIM BROWN AND LIZ BROWN, PLAINTIFFS, v. SELECTIVE INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND ATLANTIC EMPLOYER'S INSURANCE COMPANY, DEFENDANT-APPELLANT, AND POLICY MANAGEMENT CORP., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1998.

Attorney(s) appearing for the Case

K. Ruth Larson, attorney for appellant (Ms. Larson, on the brief).

Boglioli & Mirra, attorneys for respondent Selective Insurance Company of America (Richard J. Mirra, on the brief).

Before Judges DREIER, KEEFE and WECKER.

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

The issue presented by this appeal requires an interpretation of N.J.S.A. 17:28-1.1c insofar as it addresses the rights of uninsured motorist (UM) carriers to pro rata contribution where a claimant has UM coverage "available" under more than one insurance policy. Specifically, the question presented is whether a UM carrier, providing UM coverage to the host vehicle, is entitled to pro rata contribution...

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