LIVSEY v. MERCURY INS. GROUP

A-96 September Term 2007.

964 A.2d 312 (2009)

197 N.J. 522

Camie LIVSEY, Plaintiff-Respondent, v. MERCURY INSURANCE GROUP, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 19, 2009.


Attorney(s) appearing for the Case

Susan Stryker argued the cause for appellant.

Harvey H. Rothman argued the cause for respondent (Gerald Poss, South Orange, attorneys).

Phillip C. Wiskow, Dover, submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America-New Jersey (Gelman Gelman Wiskow & McCarthy, attorneys).

Marc L. Dembling, Edison, submitted a brief on behalf of amici curiae American Insurance Association, Property Casualty Insurers Association of America, Insurance Council of New Jersey and National Association of Mutual Insurance Companies (Methfessel & Werbel, attorneys).


Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal presents a discrete issue involving the interplay, if any, between uninsured motorist (UM) coverage and personal injury protection (PIP) coverage in the context of an insured injured in a drive-by shooting, but who at the time was not operating her own vehicle. The insurance carrier denied the insured's UM claim, and the insured filed a declaratory judgment action. The trial court concluded that,...

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