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Shaw v. City of Jersey City

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 23, 2001

Plaintiff, Mark Shaw,*fn1 an undercover police officer employed by the City of Jersey City (the City), was injured on the job when he was struck by a vehicle which had been stolen. He filed a verified complaint against the City for Uninsured Motorist coverage (UM) and an order to show cause seeking to require Jersey City to appoint a UM arbitrator. The complaint also sought recovery from the owners of the vehicle and the Unsatisfied Claim and Judgment Fund (UCJF).*fn2 In a subsequent separate declaratory judgment action, New Jersey Manufacturers Insurance Company (NJM) sought a determination that it was not obligated to provide coverage under a policy of insurance issued to Shaw covering his personal automobile and providing UM benefits. Following the consolidation of both actions, a bench trial was held before Judge Gallipoli based, in part, upon stipulated facts. Judge Gallipoli found that UM coverage was not triggered because the event giving rise to plaintiff’s injuries was not an accident.

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