SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-3106-96T1
VINCENT NORCIA, Administrator and
Administrator Ad Prosequendum of the
Estate of LIVIO A. NORCIA, deceased,
Plaintiff-Appellant,
v.
LIBERTY MUTUAL INSURANCE COMPANY and
NEW JERSEY AUTOMOBILE FULL INSURANCE
UNDERWRITING ASSOCIATION,
Defendants-Respondents.
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Argued: January 22, 1998 - Decided: February
13, 1998
Before Judges Baime, Wefing and Braithwaite.
On appeal from the Superior Court of New
Jersey, Law Division, Essex County, whose
opinion is reported at
297 N.J. Super. 563
(Law Div. 1996).
Vincent P. Manning argued the cause for
appellant (Schottland, Manning & Rosen,
attorneys; Mr. Manning, of counsel; Patricia
B. Adams, on the brief).
Narinder S. Parmar argued the cause for
respondents (Sellar Richardson, attorneys;
James P. Richardson, of counsel; Mr. Parmar,
on the brief).
The opinion of the court was delivered by
BRAITHWAITE, J.A.D.
Plaintiff appeals from a summary judgment dismissing his
complaint seeking $300,000 in uninsured motorist benefits or, in
the alternative, directing that his claim proceed to binding
arbitration under the policy. On appeal plaintiff contends:
POINT I
THE TRIAL COURT ERRED IN GRANTING DEFENDANT'S
MOTION FOR SUMMARY JUDGMENT, THEREBY
DISMISSING PLAINTIFF'S CLAIM.
POINT II
THE TRIAL COURT ERRONEOUSLY DENIED
PLAINTIFF'S CROSS-MOTION FOR SUMMARY
JUDGMENT.
We agree that the vehicle owned by the United States was not
an uninsured motor vehicle and affirm that issue substantially
for the reasons expressed by Judge Koch in his published opinion
reported at
297 N.J. Super. 563 (Law Div. 1996). We express no
view on the statute of limitations issue resolved by the judge in
plaintiff's favor. Defendants did not cross-appeal from that
determination.
Affirmed.