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CAMPBELL v. LION INS. CO.

311 N.J. Super. 498 (1998)

GARY CAMPBELL AND BARBARA CAMPBELL, PLAINTIFFS-RESPONDENTS, v. LION INSURANCE COMPANY, DEFENDANT-APPELLANT, AND MICHAEL TEPEDINO AND MICHAEL TEPEDINO INSURANCE AGENCY, DEFENDANTS-RESPONDENTS, JOANNE LIVOLSI, DEFENDANT. JOANNE LIVOLSI, THIRD-PARTY PLAINTIFF, v. MARKET TRANSITION FACILITY OF NEW JERSEY, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1998.

Attorney(s) appearing for the Case

Mark E. Utke, argued the cause for appellant (Margolis Edelstein, attorneys; Robert M. Kaplan, of counsel; Mr. Utke, on the brief).

Kyle T. Kievit, argued the cause for respondents Gary Campbell and Barbara Campbell

Amanda W. Figland, argued the cause for respondents Michael Tepedino and Michael Tepedino Insurance Agency (White and Williams, attorneys; Ms. Figland, of counsel and on the brief).

Before Judges SHEBELL, A.A. RODRIGUEZ and COBURN.

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

This is a declaratory judgment action involving the parties' rights under an automobile insurance policy.1 Plaintiffs, Gary and Barbara Campbell, assert a right to arbitrate claims for uninsured motorist or underinsured motorist benefits against their carrier, defendant Lion Insurance Company ("Lion"). The only defense raised at trial by Lion was an exclusion of coverage expressed...

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