Motor Club of America Insurance v. Phillips

The opinion of the Court was delivered by

Conford, P. J. A. D.,

Temporarily Assigned. This appeal presents to this court for the first time the extensively litigated question whether an “other insurance” exclusion in the uninsured motorist (UM) endorsement of an auto mobile liability policy, which purports to prohibit recovery on the UM coverage on the accident victim’s own policy if he has recovered or has available recourse to the UM coverage of the vehicle he was occupying when injured (except to the extent of an excess in amount of coverage of the former over the latter), is invalid because…