Maimone v. Liberty Mutual Insurance

The opinion of the court was delivered by

KIMMELMAN, J.A.D.

This appeal involves a dispute between two insurance carriers as to which of the two is responsible as the primary carrier and which is responsible as the excess carrier -with respect to underinsured motorist (UIM) benefits for injuries suffered by plaintiff.

While driving a non-owned vehicle (host vehicle) with the consent of the owner, plaintiff was involved in a collision and sustained personal injuries. The tortfeasor had minimal coverage and, pursuant to Longworth1 approval, plaintiff settled his claim against the tortfeasor for…