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CONNELLY v. McVEIGH

863 A.2d 1085 (2005)

374 N.J. Super. 159

Robert J. CONNELLY, Plaintiff-Respondent, v. David K. McVEIGH, Defendant-Respondent, and New Jersey Manufacturers Insurance Company, Defendant/Intervenor-Appellant, and Theresa Jackson, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 2005.

Attorney(s) appearing for the Case

Donald S. McCord, Jr., Morristown, argued the cause for appellant (O'Donnell, McCord & DeMarzo, attorneys; Mr. McCord of counsel, David N. Heleniak, and Mr. McCord, on the brief).

Robert D. Kobin, Morristown, argued the cause for respondent Robert J. Connelly (Nusbaum, Stein, Goldstein, Bronstein & Kron, attorneys; Mr. Kobin, on the brief).

Brian R. O'Toole, Whippany, argued the cause for respondent David K. McVeigh (O'Toole & Couch, attorneys; Mr. O'Toole, on the brief).

Before Judges STERN, COBURN and WECKER.

The opinion of the court was delivered by

WECKER, J.A.D.

This appeal presents a new issue arising out of the relationship between an injured party's auto negligence suit and his claim for underinsured motorist (UIM) benefits.

Defendant/Intervenor, New Jersey Manufacturers Insurance Company (NJM), appeals from two orders. One order denied NJM's motion either to require its insured, plaintiff Robert Connelly, to return $100,000 which NJM was ordered...

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