National Union Fire Insurance Co. of Pittsburgh v. Jeffers

884 A.2d 229, 381 N.J. Super. 13, 2005 N.J. Super. LEXIS 302
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 18, 2005
StatusPublished
Cited by3 cases

This text of 884 A.2d 229 (National Union Fire Insurance Co. of Pittsburgh v. Jeffers) 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
National Union Fire Insurance Co. of Pittsburgh v. Jeffers, 884 A.2d 229, 381 N.J. Super. 13, 2005 N.J. Super. LEXIS 302 (N.J. Ct. App. 2005).

Opinion

The opinion of the court was delivered by

LINTNER, J.A.D.

Defendant, Bernard Jeffers, a Pennsylvania resident, appeals from the grant of summary judgment in favor of plaintiff, National Union Fire Insurance Company of Pittsburgh (National Union), declaring that the commercial auto policy issued by National Union to defendant’s employer in New Jersey did not provide additional underinsurance (UIM) coverage over and above that which was provided by defendant’s personal policy issued in Pennsylvania. We reverse because the UIM coverage provided to defendant by his Pennsylvania policy was not “similar” to that provided by the National Union policy and thus National Union’s step-down provision limiting coverage was not triggered.

The facts are undisputed. Defendant was operating a vehicle owned by his employer, Schiavone Buckley Cornell, when he was [16]*16involved in an accident on the Ben Franklin Bridge. Defendant filed a Law Division complaint for personal injuries against the operators of the other vehicles, one was uninsured and the other maintained a liability policy issued by GSA Insurance Company (GSA) with limits of $100,000 per person and $300,000 per accident. Eventually, GSA deposited its $100,000 policy limits with the court.

At the time of the accident, defendant was covered for UIM benefits by two separate insurance policies. He was the named insured under a Pennsylvania policy issued by Harbor Specialty Insurance Company (Harbor Specialty) covering his own vehicle with UM and UIM limits of $15,000/$30,000. Additionally, although not a named insured, he was covered for New Jersey UIM benefits under the National Union policy as a person “ ‘occupying’ a covered ‘auto.’ ” The National Union policy had UM and UIM limits of $1,000,000,000 and contained the following “step-down” provision.

D. Limit of Insurance
1. Regardless of the number of covered “autos”, “insureds”, premiums paid, claims made or vehicles involved in the “accident”, the Limit of Insurance shown in the Schedule or Declarations for Uninsured Motorists Coverage and Underinsured Motorists Coverage is the most we will pay for all damages resulting from any one “accident” with an “uninsured motor vehicle” or an “underinsured motor vehicle”,
a. However, subject to our maximum Limit of Insurance for this coverage, if:
(1) An “insured” is not the individual named insured under this policy; [and]
(2) That “insured” is an individual named insured under one or more other policies providing similar coverage; and
(3) All such other policies have a limit of insurance for similar coverage which is less than the Limit of Insurance for this coverage;
then the most we will pay for all damages resulting from any one “accident” with an “uninsured motor vehicle” or an “underinsured motor vehicle” shall not exceed the highest applicable limit of insurance under any coverage form or policy providing coverage to that “insured” as an individual named insured, (emphasis added)

The National Union policy defined underinsured motor vehicle as

a land motor vehicle or trailer of any type to which a liability bond or policy applies at the time of an “accident” but its limit of liability is less than the highest applicable limit of liability under any coverage form or policy providing coverage to that "insured” as an individual named insured, (emphasis added)

[17]*17The Harbor Specialty policy covering defendant’s personal vehicle defined underinsured motor vehicle as

The Harbor Specialty policy also contained a step-down provision in the underinsurance coverage section under the subtitle Limit Of Liability. It provided in pertinent part:

B. The limit of liability shall be reduced by all sums paid because of the “bodily injury” by or on behalf of persons or organizations who may be legally responsible____

National Union filed a declaratory judgment complaint seeking to invoke its step down provision and limit defendant’s UIM benefits to the $15,000 limit provided in his personal automobile policy. Defendant answered and counterclaimed, claiming that he was entitled to National Union’s UIM coverage limit totaling $1,000,000,000. Relying upon a Joint Statement of Uncontested Material Facts, both parties filed motions for summary judgment. At oral argument on the motions, defendant relied on the unreported Appellate Division opinion decided on January 21, 2004, CNA Insurance Co. v. State Farm Mutual Insurance Co. The motion judge noted that although the facts in CNA were essentially the same as those before him, defendant had chosen not to purchase UIM coverage greater than $15,000 and had no expectation of greater coverage because he never saw his employer’s policy or paid the premium. He concluded that defendant was limited to receiving UIM benefits in an amount no greater than the amount he saw fit to purchase for himself.

On appeal, defendant urges us to follow the holding in CNA. He concedes that he was not a “named insured” under the National Union policy and maintains that our decision in CNA is not contrary to our other decisions validating the step-down provisions in policies issued in New Jersey for UIM benefits because the UIM coverage provided in his Pennsylvania policy was not “similar” to that provided by National Union in its New Jersey UIM [18]*18policy. National Union counters, asserting: (1) the motion judge was not compelled to follow CNA and defendant’s reliance on it was misplaced; (2) its policy’s step-down provision expressly limited defendant to the limits of his own automobile policy and similar step-down provisions have been upheld by us, specifically in Pinto v. New Jersey Manufacturers Insurance Co., 365 N.J.Super. 378, 839 A.2d 134 (App.Div.2004), aff'd, 183 N.J. 405, 874 A.2d 520 (2005), Christafano v. New Jersey Manufacturers Insurance Co., 361 N.J.Super. 228, 824 A.2d 1126 (App.Div.2003), Botti v. CNA Insurance Co., 361 N.J.Super. 217, 824 A.2d 1120 (App.Div.2003); and (3) defendant’s own policy provided that his UIM limits are to be reduced by the sums paid by the tortfeasor’s liability, which far exceeded his $15,000 coverage.

An unpublished opinion does not constitute precedent nor is it binding upon us unless it is required to be followed by reason of res judicata, collateral estoppel, the single controversy doctrine, or similar principle of law. R. 1:36-3.

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Bluebook (online)
884 A.2d 229, 381 N.J. Super. 13, 2005 N.J. Super. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-union-fire-insurance-co-of-pittsburgh-v-jeffers-njsuperctappdiv-2005.