PINTO v. NEW JERSEY MFRS. INS. CO.


874 A.2d 520 (2005)

183 N.J. 405

Raymond PINTO, Jr., Plaintiff-Appellant, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent, and R.W. Vogel, Inc., Defendant.

Supreme Court of New Jersey.

Decided June 6, 2005.


Attorney(s) appearing for the Case

John M. Vlasac, argued the cause for appellant Raymond Pinto, Jr., (Gill & Chamas, attorneys, Woodbridge).

Glenn T. Dyer, argued the cause for respondent New Jersey Manufacturers Insurance Company (Connell Foley, attorneys; Brian G. Steller, of counsel, Roseland).

Gerald H. Baker, Hoboken, argued the cause for amicus curiae Association of Trial Lawyers of America-New Jersey (Baker, Garber, Duffy & Pedersen, attorneys).

Daniel J. Pomeroy, Springfield, argued the cause for amicus curiae New Jersey Defense Association in Pinto v. New Jersey Manufacturers Insurance Company (Mortenson and Pomeroy, attorneys; Mr. Pomeroy and Karen E. Heller, on the brief).


Justice LaVECCHIA delivered the opinion of the Court.

This insurance appeal involves the application of an underinsured motorist (UIM) step-down clause in an employer's business automobile policy to a case in which an employee has been injured in a covered vehicle in a work-related accident. The step-down provision capped the employer's UIM exposure at the limit provided by the employee's own automobile insurance policy or that of a resident family member, except...

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