Riccio v. Prudential Property & Casualty Insurance

On plaintiffs petition we granted certification, 99 N.J. 221 (1985), to review the Appellate Division’s affirmance of a judgment awarding plaintiff $4500 against defendant, Prudential Property & Casualty Insurance Company (Prudential), under the uninsured motorist (UM) provisions of its policy covering plaintiff’s automobile. Plaintiff’s claim for UM benefits went to arbitration. The arbitrator found liability on the part of the “phantom” uninsured motorist, and calculated plaintiff’s damages. The trial court applied against that damage award a pro tanto credit for payments previously made to…