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Showing posts with label VANESSA RIVERA VS. ELMER F. MCCRAY. Show all posts
Showing posts with label VANESSA RIVERA VS. ELMER F. MCCRAY. Show all posts

Thursday, May 12, 2016

VANESSA RIVERA VS. ELMER F. MCCRAY, III, AND NEW JERSEY RE-INSURANCE COMPANY A-2337-14T1

VANESSA RIVERA VS. ELMER F. MCCRAY, III, AND NEW JERSEY RE-INSURANCE COMPANY 
A-2337-14T1 

This appeal requires us to interpret an underinsured motorist (UIM) coverage step-down provision in a personal automobile insurance policy, issued by defendant New Jersey Re-Insurance Company (NJM). The issue presented is whether a "special policy," see N.J.S.A. 39:6A-3.3, which provides no UIM coverage at all, provides "similar coverage" so as to trigger the step-down provision and reduce UIM coverage to zero. Based on the plain language of the NJM policy and well-established principles of insurance contract interpretation, we conclude it does not. We therefore reverse the trial court's order dismissing plaintiff's claim to UIM coverage under the NJM policy.