Goughan v. Rutgers Cas. Ins. Co.

238 N.J. Super. 644 (1989)

570 A.2d 501

ELEANOR GOUGHAN AND RAYMOND GOUGHAN, PLAINTIFFS,

v.

RUTGERS CASUALTY INSURANCE COMPANY, DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

Decided June 23, 1989.

Nicholas J. Costa for plaintiffs (Barbour & Costa, attorney).

Susan L. Moreinis for defendant.

HAINES, A.J.S.C.

This opinion considers a claim for underinsured motorist's coverage ("UIM"). It recognizes the rule that a carrier issuing a UIM policy to an automobile accident victim is entitled to a credit when the tortfeasor who caused the accident is insured. It concludes, however,…