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COLLINS v. U.S. FIDELITY & GUAR. CO.

894 A.2d 1234 (2006)

384 N.J. Super. 439

Michael COLLINS, Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY aka USF&G Insurance, Defendant-Respondent, and New Penn Motor Express Inc. and the Prudential Property and Casualty Insurance Company of New Jersey aka the Prudential Commercial Insurance Company of New Jersey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 2006.

Attorney(s) appearing for the Case

Richard F. Denes, Fairfield, argued the cause for appellant.

Jerald J. Howarth, Parsippany, argued the cause for respondent United States Fidelity and Guaranty a/k/a USF&G Insurance (Hahn and Howarth, attorneys; Mr. Howarth, on the brief).

Before Judges KESTIN, LEFELT and SELTZER.

The opinion of the court was delivered by

SELTZER, J.S.C. (temporarily assigned).

This appeal requires us to consider the effect of a settlement with a possible tortfeasor on plaintiff's right to recover from his uninsured motorist carrier when both the possible tortfeasor and the carrier are named defendants in a pending suit. The motion judge initially considering this question believed that the settlement barred continuation of the action against the co...

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