Prudential Property & Casualty Insurance v. State Farm Insurance

The opinion of the court was delivered by

LANDAU, J.A.D.

Plaintiff Prudential Property and Casualty Insurance Company of New Jersey (Prudential) appeals from a 1996 order awarding summary judgment in favor of defendant State Farm Insurance Company (State Farm) and denying Prudential’s cross-motion for judgment. Prudential’s complaint had sought indemnification from State Farm for underinsured motorist benefits (UIM) paid to its insured, Donald Kubs (Kubs), and a declaration that a State Farm policy provided primary UIM coverage in the circumstances of this case.

Kubs was injured in an automobile…