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WYLIE v. HAMILTON

838 A.2d 514 (2004)

365 N.J. Super. 153

Carol H. WYLIE, Plaintiff-Respondent, v. Christopher T. HAMILTON, Defendant, and CNA Insurance Company, Appellant-Intervenor.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 2004.

Attorney(s) appearing for the Case

Stacy L. Moore, Jr., Marlton, argued the cause for appellant-intervenor (Parker, McCay & Criscuolo, attorneys; Mr. Moore, of counsel and on the brief).

Michael A. Kaplan, Cherry Hill, argued the cause for respondent (Jarve, Kaplan & Reagan, attorneys; Mr. Kaplan, of counsel and on the brief).

Before Judges HAVEY, NEWMAN and FALL.

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

This appeal addresses whether an underinsured motorist carrier (UIM) who intervenes in the action between its insured and the other party to the accident, conducts discovery, and fully participates in the automobile arbitration proceeding, yet fails to file a de novo appeal following the arbitration after having consented to its insured's settlement with the other driver, is subject to the judgment where...

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