DIGIROLAMO v. GEICO GENERAL INSURANCE COMPANY Leagle.com
DIGIROLAMO v. GEICO GENERAL INSURANCE COMPANY
DANIEL DIGIROLAMO and ANGELA DIGIROLAMO, his wife, Plaintiffs-Appellants,
v.
GEICO GENERAL INSURANCE COMPANY, Defendant, and
VIEW POINT LEASING, INC., GARY W. GRAY TRUCKING, ZURICH AMERICAN INSURANCE COMPANY, Defendants-Respondents.
No. A-2962-08T3.
Superior Court of New Jersey, Appellate Division.
Argued March 23, 2010.
Decided April 7, 2010.
Chad R. Williams argued the cause for appellants (DeMasi & Williams, attorneys; Mr. Williams, on the brief).
Joseph A. Reardon, III, argued the cause for respondents (Weston, Stierli, McFadden & Capotorto, attorneys; Mr. Reardon, on the brief).
Before Judges Grall, Messano and LeWinn.
PER CURIAM
Plaintiffs Daniel and Angela DiGirolamo appeal from an order enforcing a "step-down" clause relevant to uninsured motorist (UM) coverage in a policy of commercial auto insurance issued to Mr. DiGirolamo's employer. Plaintiffs contend that a statutory amendment prohibiting such clauses that was enacted on September 10, 2007, L. 2007, c. 163; N.J.S.A. 17:28-1.1f, should be applied retroactively in this case. Because this case involves a policy that expired in 2006 and an accident that occurred in 2005, we affirm.