Ambrosio v. Affordable Auto Rental, Inc., 307 N.J.Super. 114, 704 A.2d 572 (App. Div. 1998)

Practice Areas: Automobile Liability/UM/UIM

Parties injured in automobile accident in which offending driver was operating vehicle his employer had rented sued driver, rental company, employer, and employer’s owner. Third-party action was brought to sort out automobile liability coverage. The Superior Court, Law Division, Bergen County, determined that rental company’s policy was primary, employer’s and driver’s policies were secondary, and employer’s owner’s policy was tertiary. Appeals and cross-appeals followed. The Superior Court, Appellate Division, Newman, J.A.D., held that coverage had to be shared equally among the four insurers up to lowest policy limit, with remainder equally apportioned among remaining insurers up to lowest policy limit.

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