Prudential Property & Casualty Insurance v. Monmouth County Municipal Joint Insurance Fund

The opinion of the Court was delivered by

STEIN, J.

This appeal concerns the liability of a municipality’s insurance earner (or self-insurance fund) for uninsured-motorist (UM) benefits to a covered employee who also has UM benefits available under his automobile-insurance policy. The municipality asserts that the overriding philosophy of public-entity immunity from tort liability under the New Jersey Tort Claims Act (Tort Claims Act), N.J.S.A. 59:1-1 to 12-3, would be circumvented if municipal-insurance coverage were to be liable on a pro rata basis for UM benefits payable because a public…