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CARRASCO v. PALMA

873 A.2d 669 (2005)

377 N.J. Super. 579

Omar CARRASCO, Plaintiff-Appellant, v. Ruberth E. PALMA, Defendant, and Chubb Insurance Company of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Re-argued telephonically May 9, 2005.

Decided May 25, 2005.

Attorney(s) appearing for the Case

James C. Mescall, West Orange, argued the cause for appellant (Mescall & Acosta, attorneys; Mr. Mescall, on the brief).

John M. Bashwiner, Cedar Grove, argued the cause for respondent (Bashwiner & Woods, attorneys; Mr. Bashwiner, on the brief).

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

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

Plaintiff, Omar Carrasco, appeals a trial court order dismissing his claim against defendant, Chubb Insurance Company of America (Chubb) for underinsured motorist benefits (UIM). We reverse.

Plaintiff was a passenger in a motor vehicle owned by his ex-wife Monica Carrasco and operated by Ruberth Palma;2 the Palma/Carrasco vehicle was insured by Chubb, with a...

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