VACCARO v. PA. NAT. MUT. CAS. INS. CO.


793 A.2d 82 (2002)

349 N.J.Super 133

James VACCARO and Karen Vaccaro, Plaintiffs-Appellants/Cross-Respondents, v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 2002.


Attorney(s) appearing for the Case

Steven L. Kessel, Red Bank, argued the cause for appellants/cross-respondents (Drazin & Warshaw, attorneys; Mr. Kessel, on the brief).

Diana La Femina Rosa, Chatham, argued the cause for respondent/cross-appellant (Maloof, Lebowitz, Connahan & Oleske, attorneys; Ms. La Femina Rosa, on the brief).

Before Judges HAVEY, BRAITHWAITE and WEISSBARD.


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

Plaintiffs James and Karen Vaccaro were injured in an automobile accident and obtained a default judgment in the total amount of $305,710.62 as a result of a proof hearing in the action they filed against the uninsured, unrepresented, and non-appearing tortfeasor. When defendant Pennsylvania National Mutual Casualty Insurance Company, plaintiffs' insurer, refused to pay plaintiffs' judgment under the uninsured...

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