Morag v. Continental Insurance

The opinion of the court was delivered by

LINTNER, J.A.D.

The procedural history and relevant facts giving rise to this appeal are undisputed. Plaintiff, Haim Morag, was involved in an automobile accident. At the time, he had Underinsured Motorist Coverage (UIM) in the amount of $300,000 issued by defendant *58Continental Insurance Company of New Jersey, (Continental).1 Plaintiff notified Continental that he intended to seek damages in excess of the tortfeasor’s $100,000 liability policy. Continental waived its rights to subrogation and plaintiff settled the underlying claim for $97,907. The…