Christafano v. NEW JERSEY MFG.

824 A.2d 1126, 361 N.J. Super. 228
CourtNew Jersey Superior Court Appellate Division
DecidedJune 17, 2003
StatusPublished
Cited by11 cases

This text of 824 A.2d 1126 (Christafano v. NEW JERSEY MFG.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christafano v. NEW JERSEY MFG., 824 A.2d 1126, 361 N.J. Super. 228 (N.J. Ct. App. 2003).

Opinion

824 A.2d 1126 (2003)
361 N.J. Super. 228

Michele CHRISTAFANO, Plaintiff-Respondent,
v.
NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Argued June 2, 2003.
Decided June 17, 2003.

*1128 Harry D. Norton, Jr. argued the cause for appellant (Norton, Arpert, Sheehy & Higgins, attorneys; Mr. Norton, of counsel; Craig L. Chaney, on the brief).

John J. Pisano, Cranford, argued the cause for respondent.

Before Judges BRAITHWAITE, LINTNER and PARKER.

*1127 The opinion of the court was delivered by LINTNER, J.A.D.

We granted defendant New Jersey Manufacturers Insurance Company's (NJM) motion for leave to appeal from a Law Division order setting NJM's pro rata exposure to plaintiff Michele Christafano's claim for uninsured motorist (UM) benefits coverage at $211,500. We hold that the step-down provision contained in the NJM policy is valid and limits NJM's exposure to its prorated share of $25,000. Accordingly, we reverse and remand.

On March 6, 2002, at approximately 2:00 a.m., plaintiff Michele Christafano was traveling west on Route 495 in North Bergen when he was cut off by an unidentified vehicle causing him to swerve and lose control of his vehicle. The car flipped five times and plaintiff was thrown from the vehicle. He suffered a fracture of the cervical spine and a comminuted fracture of the right femur. He was treated at Jersey City Medical Center where a rod was inserted in his right upper leg.

Plaintiff was insured for UM benefits by three separate insurance policies. He was the named insured under a policy issued by State Farm covering his own vehicle with UM limits of $25,000. Additionally, he was covered by a policy issued to his sister by Allstate with UM limits of $100,000[1] and a policy written by NJM issued to his mother covering him as a "family member," with limits of $300,000.[2] Plaintiff requested that each of these companies pay their prorated shares of the highest applicable limit, the $300,000 limit in the NJM policy, pursuant to N.J.S.A. 17:28-1.1c.[3] He also demanded that his claims be arbitrated under the policies' arbitration clauses.

On September 17, 2002, NJM notified plaintiff that its policy "possess[es] a valid step-down provision as approved by the New Jersey Commissioner of Insurance" that limited UM coverage available to plaintiff to the amount available in plaintiff's State Farm policy, $25,000.[4] NJM also advised plaintiff that the $25,000 limit should be prorated among the three insurance companies. The "step-down" provision in the NJM policy reads as follows:

LIMIT OF LIABILITY

*1129 A. The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for all damages resulting from any one accident.

However, subject to our maximum limit of liability for this coverage:

1. If:

a. An insured is not the named insured under this policy;

b. That insured is a named insured under one or more other policies providing similar coverage; and

c. All such other policies have a limit of liability for similar coverage which is less than the limit of liability for this coverage;

then our maximum limit of liability for that insured, for all damages resulting from any one accident, shall not exceed the highest applicable limit of liability under any insurance providing coverage to that insured as a named insured.

2. If:

a. An insured is not the named insured under this policy or any other policy;

b. That insured is insured as a spouse or family member under one or more other policies providing similar coverage; and

c. All such other policies have a limit of liability for similar coverage which is less than the limit of liability for this coverage;

then our maximum limit of liability for that insured, for all damages resulting from any one accident, shall not exceed the highest applicable limit of liability under any insurance providing coverage to that insured as a spouse or family member.

Plaintiff filed a complaint and order to show cause in the Law Division seeking to compel NJM to arbitrate the UM claim and to declare defendant's maximum UM exposure to be $211,500. NJM answered, noting that it had agreed to arbitrate the matter but disputed the amount of its prorated share. Granting the relief sought by plaintiff, the motion judge reasoned:

[T]he statute in question, [N.J.S.A. 17:28-1.1c], provides that if an insured has uninsured motorist coverage available under more than one policy any recovery shall not exceed the higher of the applicable limits of the respective coverages, and the recovery shall be prorated between the applicable coverages as the limits of each coverage there to the total of the limits.
And the issue, however, before the court is what is the operative limit of the UM coverage under the NJM endorsement? And the court must be guided by the language of the policy to determine whether or not it is specific, whether or not there is an ambiguity and indeed, if there is an ambiguity to determine what is the probable expectations of the parties to the contract viewed most favorably to the insured purchaser of ... the policy.

....

The language [in the policy] in the court's judgment is ... significantly ambiguous and is subject to an interpretation that the exclusionary provision here is not applicable to the instant situation wherein the other insurance provides coverage to the other person, the plaintiff... as a direct named insured in the amount of $25,000. The language certainly in the court's judgment is capable of an ambiguous interpretation and ... in that event the interpretation must be given most favorably to the insured purchaser of the NJM policy which provides $300,000 in UM/UIM coverage for herself as the named insured and for her family members inclusive obviously in this instance [plaintiff].
*1130 For these reasons the court is of the view consistent with the terms of the statute and consistent with the court's reading of the provisions of the exclusion of the NJM policy ... there is serious question as to the applicability of that UM coverage limitation equivalent to that of named insured at $25,000.

The court therefore will enter an order to compel NJM to arbitrate [plaintiff]'s uninsured motorist claim and will declare that [defendant's] pro rata exposure arising out of the plaintiff's uninsured motorist claim to be capped at the amount at $211,500.

An order memorializing the motion judge's findings was filed on December 5, 2002. While this matter was pending appeal, a panel of three arbitrators found plaintiff twenty percent negligent and defendant eighty percent negligent and awarded plaintiff $320,000.

On appeal, NJM contends that the judge erred in determining that the step-down provision contained in its policy was ambiguous and invalid. Plaintiff counters, asserting that the NJM policy is ambiguous because "it is entirely confusing to define the insured as a family member ... but later claim a limitation in coverage where a family member ... has other coverage which is fortuitously benefitting [NJM] due to the fact that the limits are at a lower level." Plaintiff also claims that the applicable provision runs a foul of N.J.S.A. 17:28-1.1c.

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Bluebook (online)
824 A.2d 1126, 361 N.J. Super. 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christafano-v-new-jersey-mfg-njsuperctappdiv-2003.