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N.J. CURE v. AIIC OF N.J.

913 A.2d 821 (2006)

389 N.J. Super. 474

NEW JERSEY CITIZENS UNITED RECIPROCAL EXCHANGE, Plaintiff-Respondent, v. AMERICAN INTERNATIONAL INSURANCE COMPANY OF NEW JERSEY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 2006.

Attorney(s) appearing for the Case

JoAnn Katzban, Montclair, argued the cause for appellant (Garrity, Graham, Favetta & Flinn, attorneys for respondent; Ms. Katzban, on the brief).

Brian Corrigan, Springfield, argued the cause for respondent (Corrigan & Deer, attorneys; Mr. Corrigan, on the brief).

Before Judges COBURN, R.B. COLEMAN and GILROY.

The opinion of the court was delivered by

GILROY, J.A.D.

Plaintiff, New Jersey Citizens United Reciprocal Exchange (NJ CURE), filed a declaratory judgment action, seeking to recover 50% of the underinsured motorist (UIM) benefits that it had paid to its insured, asserting that defendant, American International Insurance Company of New Jersey (AIIC), had failed to properly notify its policyholders of a change in UIM coverage. AIIC appeals from the November...

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