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VILLANUEVA v. AMICA MUT. INS. CO.

864 A.2d 428 (2005)

374 N.J. Super. 283

Stephanie VILLANUEVA, Plaintiff-Respondent, v. AMICA MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 4, 2005.

Attorney(s) appearing for the Case

Peter N. Laub, Jr., Raritan, argued the cause for appellant (Peter N. Laub, Jr. & Associates, attorneys; Mr. Laub, on the brief).

Christian C. LoPiano, Hoboken, argued the cause for respondent.

Before Judges WECKER, S.L. REISNER and GRAVES.

The opinion of the court was delivered by

WECKER, J.A.D.

The issue raised by this appeal is an insurance company's right to rescind a settlement agreement when it discovers that it was mistaken about the limits of its policy.

Plaintiff, Stephanie Villanueva, was injured as a result of a February 1, 2002 motor vehicle accident. The driver and the owner of the other vehicle were insured by defendant, Amica Mutual Insurance Co. On February 11, 2003, Amica...

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