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ARAYA v. FARM FAMILY CAS.

801 A.2d 1194 (2002)

353 N.J. Super. 203

Roger ARAYA and Grace Munoz, Plaintiffs-Appellants, v. FARM FAMILY CASUALTY INSURANCE COMPANY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 2002.

Attorney(s) appearing for the Case

Maggiano, DiGirolamo & Lizzi, attorneys for appellants (Michael Maggiano, on the brief).

Barrett, Lazar & Lincoln, attorneys for respondent (Virginia M. Barrett on the brief).

Before Judges PRESSLER, WEFING and FUENTES.

The opinion of the court was delivered by FUENTES, J.S.C. (temporary assigned).

Plaintiff Roger Araya appeals the summary judgment dismissing his declaratory judgment action seeking under-insured motorist (UIM) coverage under his employer's business auto policy. We reverse.

Plaintiff was employed as a landscaper by Christopher Mahon, the sole proprietor of Mahon Landscaping. Plaintiff was struck from behind by a car and grievously injured while standing near...

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