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OHIO CAS. INS. CO. v. BORNSTEIN

814 A.2d 1170 (2003)

357 N.J. Super. 282

OHIO CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. Lewis R. BORNSTEIN and Pamela Bornstein, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 2003.

Attorney(s) appearing for the Case

George A. Prutting, Jr., Audubon, argued the cause for appellant (Prutting & Lombardi, attorneys; Mr. Prutting, on the brief).

Lewis R. Bornstein, argued the cause for respondents (Morgan, Bornstein & Morgan, attorneys, Cherry Hill; Mr. Bornstein, on the brief).

Before Judges WALLACE, JR., AXELRAD and HOENS.

The opinion of the court was delivered by AXELRAD, J.T.C. (temporarily assigned).

The issue in this case is whether an insured has a right to settle a claim against a tortfeasor for considerably less than that party's coverage and then proceed against his own uninsured motorist (UIM) carrier, giving the carrier full credit for the tortfeasor's policy. The trial judge reviewed the insured's reasons for accepting the settlement and the carrier's arguments to the contrary...

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