Sumner v. Unsatisfied Claim and Judgment Fund, 288 N.J.Super. 384, 672 A.2d 731 (App. Div. 1996)

Practice Areas: Automobile Liability/UM/UIM

Claimant sued unsatisfied claim fund seeking damages for noneconomic loss sustained in automobile collision. The Superior Court, Law Division, Middlesex County, granted summary judgment to fund, and claimant’s motion for leave to appeal was granted. The Superior Court, Appellate Division, Kleiner, J.A.D., held that legislature’s failure to give benefit of no- threshold option to innocent uninsureds under unsatisfied claim fund statute, while doing so under no-fault statute, was not judicially correctable legislative oversight.

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