Di Ciurcio v. Liberty Mutual Insurance Co

In Di Ciurcio v. Liberty Mutual Insurance Co., 299 N.J. Super. 426, 691 A.2d 396 (App.Div.1997), plaintiff was a passenger in an automobile insured by Liberty Mutual and owned by the father of the driver. Id. at 428, 691 A.2d 396. Following an automobile accident involving another vehicle, plaintiff sought UIM coverage from both Allstate, plaintiff's father's automobile insurer, and from Liberty Mutual. Id. at 428-29, 691 A.2d 396. Allstate successfully argued that pursuant to its policy's "excess-escape" provision, its coverage was excess to Liberty Mutual's primary coverage as insurer of the host vehicle, and the Court so held. Id. at 428, 433, 691 A.2d 396.