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ARTICLE ID 191742

$________ Insurance Malpractice – UM coverage – Insurance Company blames driver for hit and run with unidentified vehicle – Damages for personal injury and vehicle damage.

Superior Court of New Jersey Law Division, Monmout

In this matter, a truck driver sued his insurance company for failure to honor an uninsured motorist claim. The matter was resolved via jury verdict.

The plaintiff, John M., was involved in an accident involving a ’phantom’ vehicle, resulting in significant injury to his person and damage to his truck. The plaintiff filed an uninsured motorist claim. However, the plaintiff’s insurer, Navigators Insurance Company, denied the claim, asserting that the driver was himself responsible for the incident.

The plaintiff filed suit in the Superior Court of New Jersey Law Division, Monmouth County. The plaintiff sought recovery from the defendant Navigators Insurance Company respecting his UM claim. The defendant denied the coverage, asserting they had no obligation to honor the claim.The jury found seven to zero in favor of the plaintiff, agreeing on the existence of the ’phantom’ vehicle, and the driver’s lack of fault in for the accident. The matter was thereafter resolved with a damages award of $________.

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