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SCHEER v. DIBENEDETTO

788 A.2d 830 (2002)

346 N.J. Super. 550

Mary SCHEER, Plaintiff/Respondent, v. Amy DiBENEDETTO, Defendant/Respondent, and Travelers Indemnity Company, Defendant/Appellant, and Hugh Heagney, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 2002.

Attorney(s) appearing for the Case

Edward McElroy, Hanover, argued the cause for appellant (William E. Staehle, East Hanover, attorney; Jeffrey A. Savage, Newark, on the brief).

Victor J. Horowitz, Piscataway, argued the cause for respondent Mary Scheer.

Traci A. Zalinski, Cedar Grove, argued the cause for respondent Amy DiBenedetto (Bashwiner and Woods, attorney; Ms. Zalinski, on the brief).

No other parties participated in this appeal.

Before Judges EICHEN, COLLESTER and PARKER.

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

The question posed by this appeal is whether an underinsured motorist (UIM) carrier which has intervened in a personal injury automobile action in the Superior Court involving multiple defendants should have been permitted to continue in the action to protect its liability exposure to plaintiff after plaintiff settled with one of the defendants. We conclude that the UIM carrier should have been permitted to...

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