qualified self-insurer pursuant to N.J.S.A. 48:4-12 is required to afford uninsured motorist protection in accordance with N.J.S.A. 17:28-1.1
How later courts described this case
- qualified self-insurer pursuant to N.J.S.A. 48:4-12 is required to afford uninsured motorist protection in accordance with N.J.S.A. 17:28-1.1
- noting certificate of self-insurance is "policy” for purposes of UIM required for all vehicles
- statute requiring all automobile-liability policies to include uninsured-motorist coverage applies to all vehicles registered or principally garaged in state
Written by the judges who cited it.
The opinion
*401
Per Curiam.
We affirm essentially for the reasons stated in Judge Botter’s opinion, subject to the following comments. Transport of New Jersey (TNJ), as a self-insurer, is not a “qualified person” under
N. J. 8. A.
39 :6 — 63 and thus is not entitled to recover from the Unsatisfied Claim and Judgment Eund. The certificate of self-insurance issued to TNJ pursuant to
N. J. 8. A.
39:6" — 53 is a “policy” under which TNJ is insured for purposes of
N. J. S. A.
39:6-62. Incorporated within this “policy” of self-insurance is the uninsured motorist coverage required of all motor vehicle insurance policies by
N. J. S. A.
17:28-l.l.
Of. Comorote v. Massey,
110
N. J. Super.
124, 127-128 (Law Div. 1970) (self-insurer must provide the omnibus coverage required of all insurance policies by
N. J. 8. A.
39 :6-46 (a)).
We affirm the judgment setting aside the order for payment from the Eund and we affirm the remand to the trial court to permit plaintiff to proceed against Watler. In those proceedings plaintiff shall have leave to prove that there had been a waiver of the sufficiency of service of process on defendant Watler. See
B.
4:6-7.
Affirmed, as modified.
For affirmance as
modified^-Chief Justice Hughes and Justices Mountain, Sullivan, Pashman, Clieeord, Sohreiber and Handler — 7.
For reversal
— None.