SELECTIVE INS. CO. v. HOJNOSKI


722 A.2d 118 (1998)

317 N.J. Super. 331

SELECTIVE INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. Joseph HOJNOSKI and Helen R. Hojnoski, Defendants, and Rider Insurance Company, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1998.


Attorney(s) appearing for the Case

Robert K. Walsh, Cedar Grove, for plaintiff-appellant (Bashwiner and Woods, attorneys).

Elliot Abrutyn, Livingston, for defendant-respondent (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Robert John Aste, on the brief).

Before Judges BAIME, A.A. RODRIGUEZ and KIMMELMAN.


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

This appeal requires us to construe the meaning of N.J.A.C. 11:3-2.7, a section of the New Jersey Personal Automobile Insurance Plan (PAIP), which requires insurers doing business in New Jersey to offer uninsured (UM) and underinsured (UIM) coverage up to $500,000. We hold that this regulation must be read as subject to the limitation set by N.J.S.A. 17:28-1.1b, i.e. an insurer...

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