BERGER v. FIRST TRENTON INDEM. CO.


772 A.2d 28 (2001)

339 N.J. Super. 402

Harriet BERGER, Plaintiff-Appellant, v. FIRST TRENTON INDEMNITY COMPANY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 2001.


Attorney(s) appearing for the Case

David W. Burns, Medford, for appellants (Segal, Gibney, Burns & Cedar, attorneys; Mr. Burns, of counsel and on the brief).

Michael G.B. David, Cherry Hill, for respondent (Truesdale & David, attorneys; Mr. David, of counsel and on the brief).

Before Judges SKILLMAN, CONLEY and LESEMANN.


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

This is an uninsured motorist (UM) appeal. Plaintiff insured appeals an order granting defendant insurer summary judgment and dismissing her complaint that sought to compel UM arbitration. As far as we can tell from the "decision" below, the dismissal was based upon a "for fee" exclusion in the UM endorsement contained in plaintiff's automobile policy issued by defendant. We are convinced the "for fee" UM exclusion...

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