CNA INS. CO. v. CANNING


743 A.2d 386 (2000)

327 N.J. Super. 388

CNA INSURANCE COMPANY, Plaintiff-Respondent, v. Wendy J. CANNING, Defendant, and Anthony Cirringione, Defendant-Appellant. Continental Insurance Company, Plaintiff-Appellant, v. James E. Huebner, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 2000.


Attorney(s) appearing for the Case

Mati Jarve, Cherry Hill, for defendant-appellant Anthony Cirrigione (Garber, Kastein, Jarve & Mullen, attorneys; Brian T. Reagan, on the brief).

John C. Simons, New Brunswick, for plaintiff-respondent CNA Insurance Company and plaintiff-appellant Continental Insurance Co. (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Mr. Simons, on the brief).

MaryEllen McGugan, Marlton, for defendant-respondent James E. Huebner (Flynn Austin & Associates, attorneys; Ms. McGugan, of counsel and on the brief).

Mary Ann Bryant, appeared for amicus curiae Association of Trial Lawyers of America-New Jersey Chapter (Friedman, Bafundo & Porter, attorneys; Robert A. Porter, on the brief).

Before Judges KING and PAUL G. LEVY.


The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

On January 22, 1995, Anthony Cirringione was injured when the automobile he was driving, owned by Cheryl Kudrna, collided with a vehicle driven by Wendy Canning. He sued Canning and learned during discovery, that her liability insurance policy had a limit of $100,000. Cirringione's own policy had a $50,000 limit for liability coverage (and thus the same amount for underinsured motorist coverage (UIM))...

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