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HALLION v. LIBERTY MUT. INS. CO.

766 A.2d 1224 (2001)

337 N.J. Super. 360

Dale HALLION and Jerome Hallion, her husband, Plaintiffs/Respondents, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant/Appellant, and CNA Insurance Company, Defendant/Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 2001.

Attorney(s) appearing for the Case

Kenneth J. Slomienski, Wallington, argued the cause for appellant.

Charles P. Ingenito, Mahwah, argued the cause for respondents Dale and Jerome Hallion (Mr. Ingenito, of counsel; Jeffrey Zajac, on the brief.)

Andrea L. Strack, Chatham, argued the cause for respondent CNA Insurance Company (Hardin, Kundla, McKeon, Porletto & Polifroni, attorneys; Ms. Strack, on the brief).

Before Judges WALLACE, Jr., CARCHMAN and LINTNER.

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

Defendant Liberty Mutual Insurance Company (Liberty Mutual) appeals from the entry of a judgment compelling it to arbitrate plaintiff's underinsurance motorist claim (UIM). The judgment also provided that CNA Insurance Company (CNA) was not required to participate in the arbitration. On appeal Liberty Mutual contends that its insurance policy affords excess coverage to CNA's primary coverage policy, that...

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