GMR Senior Counsel, Keith Bursack, won summary judgment in Essex County, New Jersey.
He defended State Farm in a coverage action. Plaintiff was driving his daughter’s vehicle and was involved in an accident where he passed away. His wife sought UIM benefits from his daughter’s State Farm policy even though his daughter’s car was housed at a different location after the underlying tortfeasor tendered their policy.
The plaintiff’s counsel argued that since the deceased’s wife was the second listed party on the policy, she could recover against the policy as the administrator of his estate, even though she and the deceased lived at a separate address. The Court agreed with Keith and granted summary judgment as neither the deceased plaintiff nor his wife was eligible for Underinsured Motorist benefits as they were not the first listed party nor a resident relative.