Liberty Mut. Ins. Co. v. Selective Ins. Co., 271 N.J.Super. 454, 638 A.2d 1330 (App. Div. 1994)

Practice Areas: Automobile Liability/UM/UIM

Following automobile accident, victim’s personal injury protection (PIP) insurer brought action seeking recovery of PIP benefits paid to victim from tort-feasor’s excess liability insurer, after tort-feasor’s primary carrier had exhausted its limits on policy. The Superior Court, Law Division, Union County, 271 N.J.Super. 569, 638 A.2d 1389, granted summary judgment in favor of PIP insurer. Excess liability insurer appealed. The Superior Court, Appellate Division, Levy, J.S.C., (temporarily assigned), held that excess liability insurer became insurer of tort-feasor when primary carrier exhausted its limits, and thus excess liability insurer was required to reimburse victim’s PIP insurer for benefits paid to victim.

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