Tyson Mott successfully prevailed on a motion for summary judgment, dismissing all claims against his client in a Bergen County underinsured motorist benefits action. The lawsuit stemmed from a two-car motor vehicle accident in Northvale, New Jersey on August 31, 2017. Plaintiff was a passenger in a vehicle that was struck from behind. Plaintiff sought bodily injury liability coverage from the defendant, underinsured motorist benefits from Plaintiff’s own insurance carrier, and underinsured motorist benefits from the third-party defendant, owner and operating of the vehicle in which Plaintiff was a passenger. Tyson represented the third-party defendant’s insurance carrier.
Tyson argued that Plaintiff was not entitled to underinsured motorist benefits under the third-party defendant’s policy in accordance with general principles of contract interpretation. The Honorable Gregg A. Padovano granted the pending motion for summary judgment in favor of Tyson’s client, dismissing all claims for underinsured motorist benefits.