Aetna Surety & Casualty Co. v. Sacchetti

OPINION

SIMANDLE, District Judge:

Defendant’s spouse was killed in an auto accident in New Jersey and defendant has already settled with the insurance company, Ohio Casualty, that had policies covering the other driver in the accident and the other driver’s employer. Plaintiff brought this action seeking Declaratory Judgment as to whether or not it was responsible for paying defendant under the Underinsured Motorist (“UIM”) policy of insurance upon the commercial vehicle driven by defendant’s late spouse. Specifically Aetna Casualty and Surety Co. (“Aetna”) seeks a declaration that, as a matter…