Search Rutgers Law Library N.J. Court Opinions

106 DENISE V. THOMAS v. MARIA BOBADILLA -- rank: 592

... have a New Jersey policy with personal injury protection benefits, N.J.S.A. 39:6A-4.5(a) precludes her from seeking recovery for bodily injury ... to include standard personal injury protection (PIP) coverage pursuant to N.J.S.A. 39:6A-4 " for any New Jersey resident who is not required to maintain [PIP] coverage pursuant to [ N.J.S.A. 39:6A-4 or N.J.S.A. 39:6A-3.1 ] and ... because Thomas was required to maintain PIP coverage pursuant to N.J.S.A. 39:6A-4. Every owner of an automobile registered or principally garaged in ... bodily injury, death, and property damage caused by their automobiles. ` N.J.S.A. 39:6A-4.5(a). In addition, every insurance policy must provide a ... a result of an accident while operating an uninsured automobile." N.J.S.A. 39:6A-4.5(a). The term "principally garaged" as used in ...

docket:	a1834-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-21
status:	unpublished
citation:
Document Size:	16413

107 ELIZABETH LOPEZ-NEGRON v. PROGRESSIVE CASUALTY INSURANCE COMPANY -- rank: 590

... Insurance Reform Act, L. 1990, c. 8, § 6, amended N.J.S.A. 39:6A-4.3(d), a provision of the Automobile Insurance Cost Reduction ... for injuries that policyholders sustain in motor vehicle accidents. See N.J.S.A. 39:6A-4.3(d). However, Medicare and A-3590-17T2 3 Medicaid ...

docket:	a3590-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-18
status:	Unpublished
citation:
Document Size:	44574

108 DON WASHINGTON v. PROGRESSIVE INSURANCE COMPANY -- rank: 590

... s mandatory PIP policy limits, i.e., $250,000. See N.J.S.A. 39:6A-4(a). Defendant moved to dismiss the complaint in lieu of ... rested on erroneous interpretations of both the Deemer Statute and N.J.S.A. 39:6A-4 and, therefore, was wrongly decided. He also asserted that the ... at least the personal injury protection benefits coverage pursuant to [N.J.S.A. 39:6A-4] . . . whenever the automobile or motor vehicle insured under the policy ... Co., 358 N.J. Super. 555, 560 (App. Div. 2003)). N.J.S.A. 39:6A-4 requires every standard automobile liability insurance policy . . . shall contain personal ... amount not to exceed $250,000 per person per accident.' N.J.S.A. 39:6A-4(a). As did the plaintiff in Leggette, plaintiff in this ... case argues that the Deemer Statute's specific reference to N.J.S.A. 39:6A-4, and, in turn, that statute's specific reference to ...

docket:	a2422-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-07
status:	Unpublished
citation:
Document Size:	14098

109 GEORGIA VAMVAKIDIS et al. v. ROSE PETERS et al. -- rank: 590

... 1979), the definition of "private passenger automobile" as used by N.J.S.A. 39:6A-4 embraces vehicles of a private passenger type "owned and used ... but also to any person eligible for PIP benefits under N.J.S.A. 39:6A-4 not required by that statute to maintain personal injury protection ... option. First, plaintiff was clearly eligible for PIP benefits under N.J.S.A. 39:6A-4 since she was, as therein provided, a person using the ... construed the term "family member" in the broad context of N.J.S.A. 39:6A-4 as excluding the members of a family which owns a ... compensated for medical expenses and the other losses defined in N.J.S.A. 39:6A-4. The verbal threshold, however, is optional, and the Legislature has ... are aware that there is something of an anomaly here. N.J.S.A. 39:6A-4 obviously requires a corporation owning a passenger vehicle, as ...

docket:	a2080-98
court:	njappellate
decided:	2000-01-13
status:	published
citation:	<a href=
Document Size:	20487

110 HOWARD MARTIN v. NIRAJ CHHABRA -- rank: 588

... cause of action for recovery of economic or noneconomic loss." N.J.S.A. 39:6A-4.5.     But, the vehicle in which plaintiff allegedly suffered his ... recovery of noneconomic loss." Although the Legislature in 1997 amended N.J.S.A. 39:6A-4.5 to its present form, which precludes all actions by ... verbal threshold to persons subject to the 1985 version of N.J.S.A. 39:6A-4.5, remained unchanged despite the 1997 amendment and all subsequent ...

docket:	a4256-03
court:	njappellate
decided:	2005-01-21
status:	published
citation:	374 N.J. Super. 387
Document Size:	24042

111 BRENDA DEMA v. MARY ANN BRESLIN -- rank: 588

... recovering economic and non-economic damages. The court concluded that N.J.S.A. 39:6A-4.5 (or Act) is construed objectively, rather than subjectively, and ... action to recover non[-]economic, pain and suffering damages under [ N.J.S.A. 39:6A-4.5]." We agree with the motion judge that the application ... focus our discussion upon the motion judge's legal determination. N.J.S.A. 39:6A-4.5(a) through (c) establishes the three categories of persons ... 2002). The Supreme Court reversed. The Court first noted that N.J.S.A. 39:6A-4.5 "advances a policy of cost containment by ensuring that ... 178 N.J. at 477. Additionally, the Court stated that N.J.S.A. 39:6A-4.5 "serves the public welfare by promoting compliance with our ... not "culpably uninsured" for purposes of the exclusionary provisions of N.J.S.A. 39:6A-4.5(a). She acquired the vehicle as part of ...

docket:	a3504-09
court:	NJ Superior Court Appellate Division
decided:	2010-12-07
status:
citation:
Document Size:	18088

112 NORMA BLANCO-SANCHEZ v. PERSONAL SERVICE INSURANCE COMPANY -- rank: 585

... is entitled to PIP benefits as a resident relative under N.J.S.A. 39:6A-4, and that she was specifically given permission to use the ... mother's vehicle with permission, but without a license. Under N.J.S.A. 39:6A-4, '[e]very insurance policy must include PIP benefits, which guarantee ... named insured under an automobile insurance policy of his own.' N.J.S.A. 39:6A-4.2. This 'first-party coverage was 'intended to serve as ... liability and PIP coverage be secured by vehicle owners under N.J.S.A. 39:6A- 4 and N.J.S.A. 39:6B-1, allows insurers ...

docket:	a5393-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-28
status:	Unpublished
citation:
Document Size:	26064

113 JACOB BOYD v. PLYMOUTH ROCK ASSURANCE CORPORATION -- rank: 580

... a bill for about $80,000. He asserted that under N.J.S.A. 39:6A-4(a), the PIP limit could only be exhausted by High ...

docket:	a1379-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-28
status:	unpublished
citation:
Document Size:	26830

114 Whitaker v. DeVilla -- rank: 580

... to $250,000 in personal injury protection (PIP) benefits, see N.J.S.A. 39:6A-4, irrespective of the comparable benefits mandated by the insured's ...

docket:	a-60-96
court:	njsupreme
decided:	1997-02-03
status:
citation:	147 N.J. 341
Document Size:	53096

115 VALERIE CHEEK v. CITIZENS UNITED RECIPROCAL EXCHANGE (CURE) -- rank: 578

... judgment requiring CURE to pay her PIP benefits pursuant to N.J.S.A. 39:6A-4. In opposition to the OTSC, CURE argued that it was not required to provide PIP coverage under N.J.S.A. 39:6A-4 because plaintiff was not a named insured under the CURE ... fell, which may entitle her to PIP coverage pursuant to N.J.S.A. 39:6A-4, or whether she merely grabbed at the automobile's door ... provided primary coverage for plaintiff's PIP benefits pursuant to N.J.S.A. 39:6A-4.2. CURE filed the third-party complaint on August 17 ...

docket:	a0573-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-19
status:	unpublished
citation:
Document Size:	32995

116 TREVOR SHEPPARD v. FRANK J. LENTZ, ESQUIRE -- rank: 576

... injured in a motor vehicle accident without regard to fault. N.J.S.A. 39:6A-4. 3 A-0131-16T4 Plaintiff contends this transfer occurred after ... based on fault for the happening of the accident. 4 N.J.S.A. 39:6A-4. Plaintiff's medical bills and records were not directly relevant ...

docket:	a0131-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-31
status:	unpublished
citation:
Document Size:	60458

117 STATE FARM MUTUAL AUTO. INS. CO. VS LINDA MOLINO -- rank: 571

... income continuation and essential services benefits which are defined at N.J.S.A. 39:6A-4 and -10.     State Farm reads N.J.S.A. 39 ... construed in pari materia with other pertinent PIP Sections, including N.J.S.A. 39:6A-4 and -10. See 2B Sutherland Statutory Construction , supra , at §§ 51 ...

docket:	a3811-94
court:	njappellate
decided:	1996-04-11
status:	published
citation:	289 N.J.Super. 406
Document Size:	18443

118 Robert B. Beim v. Trevor R. Hulfish -- rank: 564

... her son, had he survived, would have been barred by N.J.S.A. 39:6A-4.5(a). 207 N.J. at 598-602, 605. 7 ... alleged tortfeasor as a consequence of the statutory bar. See N.J.S.A. 39:6A-4.5(a). His heirs do not have any greater right ... to 1:9 at 2-30 (2d ed. 1975)). 7 N.J.S.A. 39:6A-4.5(a), a provision of New Jersey’s Automobile Insurance ...

docket:	A-33-12
court:	NJ Supreme Court
decided:	2014-01-28
status:
citation:
Document Size:	93895

119 /usr/local/share/www/libweb/collections/courts/appellate/a4860-17.opn.html -- rank: 564

... policy, and thus, his damages claims were barred pursuant to N.J.S.A. 39:6A-4.5(a). The motion judge granted the motion to dismiss ... bodily injury, death, and property damage caused by their vehicles. N.J.S.A. 39:6A-4 requires that each policy must contain a package of personal ... particular accident invokes the insurer's obligation to pay. Indeed, N.J.S.A. 39:6A-4.5(a) bars the ability to sue if a New ... Dowdell v. Abdul- Matin, 198 N.J. 95, 101 (2009). N.J.S.A. 39:6A-4.5(a) does not include a requirement that an uninsured ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	15161

120 CARMEN RIVERA v. LUIS M. MORALES, et al. -- rank: 561

... applies to plaintiff’s receipt of income continuation benefits under N.J.S.A. 39:6A-4, provides for personal injury protection (PIP) coverage, regardless of fault ... earned during the period in which the benefits are payable. [ N.J.S.A. 39:6A-4(b).] An insured has the option of purchasing income continuation ... against, the PIP income continuation benefits. The benefits provided in [ N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-10], . . . shall be ... military personnel shall be deducted from the benefits collectible under . . . [ N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-10] . . . .         [ N.J ... disability benefits for a reimbursement of any benefits pursuant to [ N.J.S.A. 39:6A-4 or N.J.S.A. 39:6A-10] it has ...

docket:	a4306-03
court:	njappellate
decided:	2004-12-17
status:	published
citation:	373 N.J. Super. 494
Document Size:	18172