Magnifico v. Rutgers Cas. Ins. Co

In Magnifico v. Rutgers Cas. Ins. Co., 153 N.J. 406, 710 A.2d 412 (1998), the Court addressed the issue of UIM coverage under multiple insurance policies. In Magnifico, supra, plaintiff and her husband were passengers in a car owned and driven by Grace DeNichilo. 153 N.J. at 409, 710 A.2d 412. The DeNichilo vehicle collided with a vehicle driven by Frank Cameron and owned by Beverly Manning. The Manning vehicle was insured by State Farm Policy with a liability limit of $ 25,000.00. CSC Insurance Company insured the DeNichilo's car and provided UIM coverage of $ 250,000.00. Ibid. Plaintiff's own automobile policy was with Rutgers Casualty Insurance Company which provided UIM coverage of $ 100,000.00. Plaintiff's insurance policy provided a standard "other insurance" clause which stated "any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible insurance." Id. at 414, 710 A.2d 412. Applying the clear and unambiguous language of the insurance contract, the Court held that the CSC policy provided primary coverage and the Rutgers policy provided excess coverage. Ibid.