BOTTI v. CNA INS. CO.


824 A.2d 1120 (2003)

361 N.J. Super. 217

Robert BOTTI, Plaintiff-Respondent, v. CNA INSURANCE COMPANY, Defendant-Appellant, State Farm Insurance, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 2003.


Attorney(s) appearing for the Case

Jerald J. Howarth, Parsippany, argued the cause for appellant CNA Insurance Company (Hahn & Howarth, attorneys; Mr. Howarth, on the brief).

Dennis F. Wagenblast, Toms River, argued the cause for respondent Robert Botti (Mr. Wagenblast, on the brief).

Harold H. Thomasson, Cherry Hill, argued the cause for respondent State Farm Insurance Company (David B. Wright & Associates, attorneys; Mr. Thomasson, on the brief).

Before Judges HAVEY, A.A. RODRIGUEZ and WELLS.


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

This appeal requires us to consider the enforceability of a "step-down" clause included in an uninsured/underinsured endorsement (UM endorsement) for a policy issued to a corporation as a "named insured." The specific issue is whether the step-down clause limits the UM coverage afforded to an employee who is the "named insured" in another policy with lower...

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