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SEABRIDGE v. DISCOUNT AUTO, INC.

923 A.2d 307 (2007)

Theresa SEABRIDGE, Plaintiff-Appellant, v. DISCOUNT AUTO, INC., Sean F. Petry, and Nicholas A. Rossos, Defendants, and High Point Insurance Company, Defendant-Respondent. Mildred Sessa, Plaintiff-Appellant, v. Discount Auto, Inc., Sean F. Petry, and Nicholas A. Rossos, Defendants, and High Point Insurance Company, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 2007.

Attorney(s) appearing for the Case

Martin Pappaterra, Princeton, argued the cause for appellants (Stark & Stark, attorneys for appellant Theresa Seabridge; Pellettieri, Rabstein & Altman, attorneys for appellant Mildred Sessa; Bruce H. Stern and Mr. Pappaterra, of counsel and on the joint brief; Carlia M. Brady, on the joint brief).

Daniel J. Pomeroy, Springfield, argued the cause for respondent (Mortenson and Pomeroy, attorneys; Mr. Pomeroy and Karen E. Heller, on the brief).

Before Judges CUFF, WINKELSTEIN and FUENTES.

The opinion of the court was delivered by

CUFF, P.J.A.D.

In these consolidated insurance coverage appeals, we encounter the "step-down" clause in a different context than recent cases. Here, rather than a policy provision that provides two levels of coverage, as in certain underinsured and uninsured motorist situations, we address a provision that provides minimum coverage in place of a former exclusion. We hold that...

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