Weisbecker v. Zurich American Ins. Co., — N.J. Super. – (App Div. 2011)
Practice Areas: Automobile Liability/UM/UIM
This matter involved a claim for UIM benefits wherein the Superior Court of New Jersey, Law Division, denied summary judgment to the insurer finding an ambiguity existed in the carrier’s “Other Collectible Insurance” clause as it related to the plaintiff’s status an an insured under another policy at the time of the accident. The carrier appealed; however, the Appellate Division affirmed the lower court’s ruling finding the policy of insurance did in fact create an ambiguity and held that such ambiguity was to be resolved in favor of the insured.