Kough v. New Jersey Automobile Full Insurance Underwriting Ass'n

The opinion of the court was delivered by

PETRELLA, P.J.A.D.

The novel issue in this case is whether a passenger injured by the negligence of an uninsured driver can recover uninsured motorist (UM) benefits where the driver is a fellow employee and the passenger receives workers’ compensation benefits. Defendant, New Jersey Automobile Full Insurance Underwriting Association (JUA), declined coverage, reasoning that UM benefits were payable only when the insured is “legally entitled to recover” from the owner or operator of an uninsured motor vehicle. It considered plaintiff’s receipt of workers’…