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MARSDEN v. ENCOMPASS INS. CO.

863 A.2d 1133 (2005)

374 N.J. Super. 241

Arlene MARSDEN, Plaintiff-Respondent, v. ENCOMPASS INSURANCE CO., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 2005.

Attorney(s) appearing for the Case

Edward J. Rebenack, New Brunswick, argued the cause for appellant (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; John C. Simons, of counsel; Joseph V. Leone, on the brief).

Joel I. Rachmiel, Springfield, argued the cause for respondent.

Before Judges NEWMAN, R.B. COLEMAN and HOLSTON, JR.

The opinion of the court was delivered by

NEWMAN, J.A.D.

Defendant Encompass Insurance Company (Encompass) appeals from an order compelling the submission of an underinsured motorist claim (UIM) to three-party motorist arbitration. We affirm.

The facts are not in dispute. Plaintiff, Arlene Marsden, sustained personal injuries in a car accident caused by tortfeasor, Carol Farley (Farley or tortfeasor), on July 10, 1999. Farley was insured through Prudential...

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