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BARDIS v. FIRST TRENTON INS. CO.

936 A.2d 476 (2007)

397 N.J. Super. 127

John BARDIS and Helen Bardis, his wife, Plaintiffs-Appellants v. FIRST TRENTON INSURANCE CO., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 2007.

Attorney(s) appearing for the Case

David T. Wheaton, Edison, argued the cause for appellants (Levinson Axelrod, attorneys; Mr. Wheaton, on the brief).

Stephen A. Rudolph, Sea Girt, argued the cause for respondent (Monte & Rudolph, attorneys; Mr. Rudolph, on the brief).

Before Judges SKILLMAN, WINKELSTEIN and YANNOTTI.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

On February 13, 1997, plaintiff John Bardis was involved in an automobile accident.1 After settling with the tortfeasor, he instituted this underinsured motorist (UIM) claim against defendant, First Trenton Insurance Company, his automobile insurance carrier. Defendant conceded that the driver who caused the accident, Joseph Bologna, was negligent. Because plaintiff...

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