Supreme Court of New Jersey

Isabelle Riccio, as General Administratrix and Administratrix Ad Prosequendum of the Estate of Donna E. Riccio, an…

September 30, 1987108 N.J. 493

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s award of $4,500 to Prudential, holding that the uninsured‑motorist carrier may apply a pro tanto set‑off for the full amount paid by the liability insurer and the other UM carrier, rather than a pro rata credit. The Court reasoned that the policy language, statutory purpose, and prior precedent support a pro tanto credit and that allowing a double recovery would contravene public policy.