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HRESHKO v. HARLEYSVILLE INS. CO.

766 A.2d 776 (2001)

337 N.J. Super. 104

Francis HRESHKO, Plaintiff-Appellant, v. The HARLEYSVILLE INSURANCE COMPANY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 2001.

Attorney(s) appearing for the Case

Gill & Chamas, Woodbridge, attorneys for appellant (William P. Mikita, Jr., of counsel and on the brief).

McElroy, Deutsch & Mulvaney, Morristown, attorneys for respondent (H. George Avery, on the brief).

Before Judges KEEFE, EICHEN, and STEINBERG.

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

Plaintiff, Francis Hreshko, appeals from the entry of summary judgment in favor of defendant, Harleysville Insurance Company (Harleysville). The practical effect of the summary judgment was the dismissal of plaintiff's underinsured motorist (UIM) claim against Harleysville. The Law Division judge found that plaintiff's conduct prejudiced Harleysville's subrogation rights, thereby disentitling plaintiff from recovering...

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