Collins v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

SELTZER, J.S.C.

(temporarily assigned).

This appeal requires us to consider the effect of a settlement with a possible tortfeasor on plaintiffs right to recover from his uninsured motorist carrier when both the possible tortfeasor and the carrier are named defendants in a pending suit. The motion judge initially considering this question believed that the settlement barred continuation of the action against the co-defendant and dismissed the suit against the carrier. We disagree and reverse.

The record on appeal reveals that plaintiff, Michael Collins,…