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ADLER v. CHIN

768 A.2d 206 (2001)

338 N.J. Super. 55

Kenneth ADLER, an infant by his Guardian ad Litem, Bruce Adler, and Bruce Adler and Janet Adler individually, Plaintiffs-Respondents, v. Sandy H. CHIN, Soon Fot Noodle Co., Inc., a/k/a Green Point Product Co. and Sung Jun Hong, State of New Jersey, Borough of Alpine, Borough of Cresskill, Defendants, and Camden Fire Insurance Association, Defendant/Third Party Plaintiff-Appellant, v. Allstate Insurance Company, Third Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 2001.

Attorney(s) appearing for the Case

Robert J. Aste, Livingston, argued the cause for appellant (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Elliot Abrutyn, of counsel; Mr. Aste, on the brief).

Michael Della Rovere argued the cause for respondent Allstate Insurance Company (O'Toole & Couch, attorneys; Brian R. O'Toole, on the brief).

Respondents Adler did not file a brief.

Before Judges BAIME and CARCHMAN.

The opinion of the Court was delivered by CARCHMAN, J.A.D.

This appeal arises from a conflict between two automobile insurance carriers providing Underinsured Motorist (UIM) coverage. Plaintiff Camden Fire Insurance Association appeals from a judgment of the Law Division determining that the "excess-escape" provision of its UIM coverage and that of defendant Allstate Insurance Company required that a claim brought by Kenneth Adler, plaintiff's insured, be pro-rated...

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