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BARDIS v. FIRST TRENTON INS. CO.

A-110 September Term 2007

971 A.2d 1062 (2009)

199 N.J. 265

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

Supreme Court of New Jersey.

Decided June 10, 2009.

Attorney(s) appearing for the Case

David T. Wheaton, Edison, argued the cause for appellants (Levinson Axelrod, attorneys; Mr. Wheaton and Matthew P. Pietrowski, on the briefs).

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

Bruce H. Stern, Lawrenceville, submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America-New Jersey (Stark & Stark, attorneys).

Justice HOENS delivered the opinion of the Court.

In this matter, we are called upon to answer three questions. First, we address whether, in a jury trial arising out of Underinsured Motorist (UIM) coverage, the insurer should be identified as the defendant. Second, we consider whether, in the UIM trial, evidence that the insurer authorized payment of Personal Injury Protection (PIP) benefits is relevant to whether there...

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