Michael Christy, Plaintiff-Respondent v. City of Newark, Defendant-Appellant, and State Farm Insurance Company…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's judgment that the City of Newark, by virtue of its insurance fund created under N.J.S.A.40A:10-6, is obligated to provide uninsured motorist (UM) benefits to its police officer plaintiff. The Court rejected the City’s arguments that workers’ compensation barred the UM claim, that the Tort Claims Act immunized the City, and that the statutory scheme did not require UM coverage. The case was remanded for the trial court to apportion the arbitrator’s award between State Farm and the City and to determine primary and secondary coverage.