Marzano v. Elacqua

The plaintiff Jayne Marzano claims in this action that she is entitled to uninsured and underinsured benefits under an automobile insurance policy issued to Marzano by the defendant Metropolitan Property and Casualty Insurance Company (Metropolitan). Metropolitan has filed a counterclaim in which it seeks a declaration that the policy does not afford uninsured or underinsured insurance coverage to Marzano. Presently before the court is Metropolitan’s motion for summary judgment on its claim of no uninsurance coverage. For the reasons discussed below, Metropolitan’s motion is allowed.

Background