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Stamer v. Encompass Insurance

August 19, 2010

ROBERT STAMER, PLAINTIFF-APPELLANT,
v.
ENCOMPASS INSURANCE, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, Docket No. L-4474-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued February 22, 2010

Before Judges R. B. Coleman and Baxter.

Plaintiff Robert Stamer, who was seriously injured when his motorcycle was rear-ended by a pickup truck operated by tortfeasor Timothy Sweet, appeals from a May 1, 2009 order granting summary judgment in favor of Encompass Insurance Company.*fn1 That order declared that Encompass had no obligation to provide underinsured motorist (UIM) benefits to plaintiff under the automobile liability insurance policy Encompass had issued to Stamer's parents, and it dismissed plaintiff's complaint with prejudice. While Stamer was not a named insured on his parents' policy, he was the named insured on a policy of motorcycle insurance issued by Rider Insurance Company. That policy provided liability coverage but no UM/UIM coverage. The policy issued by Encompass to plaintiff's parents provided uninsured motorist/underinsured motorist (UM/UIM) benefits in the amounts of $100,000/$300,000. Stamer settled his third- party claim against Sweet for Sweet's policy limit of $25,000/$50,000. Then he sued Encompass under his parents' policy, seeking UIM benefits.

At issue is whether Stamer comes within the policy definition of covered person. The policy states:

UNINSURED MOTORISTS COVERAGE NEW JERSEY (SPLIT LIMITS BASIS)

In consideration of an additional premium, if the Coverage Summary shows an amount of "Uninsured Motorists" coverage, we will provide the coverage described by the provisions of this endorsement.

DEFINITIONS

The following words and phrases are defined for this "UNINSURED MOTORISTS COVERAGE" endorsement. Only in regard to the coverage provided by this endorsement, the following definitions replace any corresponding definitions in the "MOTOR VEHICLE" Segment.

1. Covered Person means:

b. Any family member:

(1) Who does not own an automobile for the maintenance or ...


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