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46 JANE NORCIA v. HIGH POINT INSURANCE COMPANY -- rank: 704

... Emphasis in original). High Point referenced the underlying PIP statute, N.J.S.A. 39:6A-4, which provides that "PIP benefits apply to a bodily injury ... occupying, entering into, alighting from or using an[] automobile,[']" (quoting N.J.S.A. 39:6A-4). She concluded: While there is no question that the treatment ... entitled to PIP benefits for the injuries sustained pursuant to N.J.S.A. 39:6A-4. In doing so [she] must establish causal relationship as directed by N.J.S.A. 39:6A-4. [She] failed to do so in this case. The DRP ... presumes that the judge incorrectly interpreted the law, in particular N.J.S.A. 39:6A-4 and N.J.A.C. 11:3-4.2, and ...

docket:	a1846-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-23
status:	unpublished
citation:
Document Size:	41424

47 Halina Jablonowska v. David P. Suther -- rank: 704

... a person who has a right to receive benefits under [ N.J.S.A. 39:6A-4 or -3.1], as a result of bodily injury, arising ...

docket:	a-9-07
court:
decided:	2008-06-10
status:
citation:	195 N.J. 91
Document Size:	140825

48 LIBERTY MUTUAL INSURANCE COMPANY v. PENSKE TRUCK LEASING, CO. -- rank: 702

... are not within the definition of 'automobile' as used in N.J.S.A. 39:6A- 4 and, therefore, are not statutorily required to maintain PIP coverage ... paying benefits pursuant to subsection a., b. or d. of [N.J.S.A. 39:6A-4.3], personal injury protection benefits in accordance with [N.J.S.A. 39:6A-4 or -10], medical expense benefits pursuant to [N.J.S ... Empire Fire, 354 N.J. Super. at 417 (first citing N.J.S.A. 39:6A-4; and then citing N.J.S.A. 39:6A-2 ...

docket:	a5624-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-23
status:	Published
citation:	459 N.J.Super. 223 208 A.3d 888
Document Size:	30742

49 HAN HUNG LUONG v. FRANK T. GEORGE -- rank: 697

... at least the personal injury protection benefits coverage pursuant to [N.J.S.A. 39:6A-4] or [N.J.S.A. 17:28-1.3] for ... not required to maintain personal injury protection coverage pursuant to [N.J.S.A. 39:6A-4] or [N.J.S.A. 39:6A-3.1] and ... 1.1], and personal injury protection benefits coverage pursuant to [N.J.S.A. 39:6A-4] or [N.J.S.A. 17:28-1.3], whenever ... injury protection (PIP)] benefits on a no-fault basis under N.J.S.A. 39:6A-4; on the other hand, they are subject to the limitation ...

docket:	a0878-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-22
status:	unpublished
citation:
Document Size:	22970

50 TITO COBO v. MARKET TRANSITION FACILITY -- rank: 692

... the Department of Insurance fee schedule and the authorization of [ N.J.S.A. ] 39:6A-4.6." The court concluded that defendants' auditors were ignoring the ... to reimburse insureds for medical expenses under their PIP coverage. N.J.S.A. 39:6A-4.6 (1988) (amended 1991). N.J.S.A. 39:6A-4.6 mandates that the fee schedules be based on the ... by the medical fee schedules established pursuant to this section.         [ N.J.S.A. 39:6A-4.6.]     Both the history of the promulgation of the PIP ... order to         clarify and emphasize that the reference in amended N.J.S.A. 39:6A-4.6 to the "reasonable and prevailing fees of 75" of ...

docket:	a1968-94
court:	njappellate
decided:	1996-08-15
status:	published published
citation:	293 N.J.Super. 374
Document Size:	53476

51 AMERICAN INTERNATIONAL INSURANCE COMPANY OF DELAWARE v. 4M INTERPRISE, INC -- rank: 690

... sustains "bodily injury . . . as a pedestrian, caused by an automobile." N.J.S.A. 39:6A-4. But a taxi "used as a public or livery conveyance ... shall provide personal injury protection coverage benefits in accordance with [ N.J.S.A. 39:6A-4], to pedestrians who sustain bodily injury in the State caused ... without regard to negligence, liability or fault of any kind." N.J.S.A. 39:6A-4; see also N.J.S.A. 17:28-1.3 (requiring pedestrian-PIP coverage "in accordance with N.J.S.A. 39:6A-4"); State Farm Mut. Auto. Ins. Co. v. Licensed Beverage Ins ...

docket:	a3490-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-06
status:	published
citation:	431 N.J.Super. 514 70 A.3d 757
Document Size:	42904

52 IN THE MATTER COMMISSIONER'S FAILURE TO ADOPT 861 CPT CODES AND TO PROMULGATE HOSPITAL AND DENTAL FEE SCHEDULES. -- rank: 688

... and to promulgate a hospital fee schedule, as required by N.J.S.A. 39:6A-4.6. We reverse the adoption of the Appendix, Exhibit 1 ... There was no proposed hospital fee schedule. Id. at 4357.      N.J.S.A. 39:6A-4.6 provides:         a. The Commissioner of Banking and Insurance shall ... services from 746 to 953, and implemented the requirement of N.J.S.A. 39:6A-4.6 to "incorporate the reasonable and prevailing fees of 75 ... SUBSTANTIVELY FROM THE RULE PROPOSAL?         II.    DID THE COMMISSIONER VIOLATE N.J.S.A. 39:6A-4.6 BY FAILING TO ADOPT MEDICAL FEE SCHEDULES ADDRESSING ALL ... a hospital fee schedule, failed to follow the directives of N.J.S.A. 39:6A-4.6. The Department responds that its decision represents an exercise of sound discretion.      We repeat the pertinent part of N.J.S.A. 39:6A-4.6(a):         The Commissioner of Banking and Insurance shall, ...

docket:	a6787-00
court:	njappellate
decided:	2003-03-07
status:	published
citation:	358 N.J. Super. 135
Document Size:	33178

53 JOHN K. CUPIDO v. WILLIAM PEREZ -- rank: 685

... result of personal injuries suffered in automobile accidents, pursuant to N.J.S.A. 39:6A-4. On February 19, 2008, defendant filed a motion for summary ... at least the personal injury protection benefits coverage pursuant to [ N.J.S.A. 39:6A-4] or [ N.J.S.A. 17:28-1.3] for ... not required to maintain personal injury protection coverage pursuant to [ N.J.S.A. 39:6A-4] or [ N.J.S.A. 39:6A-3.1] and ... 1.1], and personal injury protection benefits coverage pursuant to [ N.J.S.A. 39:6A-4] or [ N.J.S.A. 17:28-1.3], whenever ... vehicles are not required to be insured for PIP benefits. N.J.S.A. 39:6A-4. However, the issue is not whether a plaintiff's insurance ...

docket:	a4557-08
court:	NJ Superior Court Appellate Division
decided:	2010-08-27
status:
citation:	415 N.J. Super. 587 2 A.3d 1159
Document Size:	30499

54 JORGE O. CAVIGLIA et al. v. ROYAL TOURS OF AMERICA et al. -- rank: 683

... Mabel Brun Caviglia, his wife. The motion was based on N.J.S.A. 39:6A-4.5, which, prior to its 1997 amendment, precluded an uninsured ... the uninsured driver, a class directly addressed by the Legislature. N.J.S.A. 39:6A-4.5, in its original version, provided that:          Any person who ... the verbal threshold.     We now address the 1997 amendment of N.J.S.A. 39:6A-4.5. That amendment effected the dramatic change of precluding suit ... that the Legislature must write evenhandedly. We are persuaded that N.J.S.A. 39:6A-4.5 contravenes both constitutional doctrines as they are implemented in ... it did in New Jersey before the 1997 amendment of N.J.S.A. 39:6A-4.5. See, e.g. , Stevenson v. Reese , 609 N.W ... is barred. We agree with Judge Alley's parsing of N.J.S.A. 39:6A-4.5 in Mody . And we find it entirely arbitrary ...

docket:	a3493-01
court:	njappellate
decided:	2002-11-08
status:	published
citation:	355 N.J. Super. 1
Document Size:	26607

55 JUAN GUITERREZ-GANAN v. ALLSTATE INSURANCE COMPANY -- rank: 680

... claims. We hold that plaintiff's claims are barred by N.J.S.A. 39:6A-4.5, which precludes a person from recovering economic or non ... held that plaintiff's claims against Allstate were barred under N.J.S.A. 39:6A-4.5(a). In that decision, the trial court rejected plaintiff ... that his claims for personal injuries are not barred by N.J.S.A. 39:6A-4.5(a). We reject plaintiff's argument as inconsistent with ... 2020). The issue on this appeal involves the interpretation of N.J.S.A. 39:6A-4.5 as applied to the undisputed material facts. When discerning ... A. 39:6A-3, -3.1, -3.3; see also N.J.S.A. 39:6A-4 A-0646-20 5 ('[E]very standard automobile liability insurance ... 3-17.1(a), (b). In 1997, the Legislature amended N.J.S.A. 39:6A-4.5 to limit the ability of persons injured in ...

docket:	a0646-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-01
status:	Unpublished
citation:
Document Size:	17579

56 KARON K. JOHNSON v. ROSELLE EZ QUICK LLC -- rank: 680

... Law), has provided that an insurer paying PIP benefits under N.J.S.A. 39:6A-4 or -10 as a result of an accident has the ... 6A-9.1, because PIP benefits include "income continuation benefits." N.J.S.A. 39:6A-4(b). After the trial court reached the same holding, it ... an income producer as a result of bodily injury disability." N.J.S.A. 39:6A-4(b). "'Income producer' means a person who, at the time ... loss of income" as a result of the disabling accident. N.J.S.A. 39:6A-4(b). GEICO argues that plaintiff failed to prove the exact ...

docket:	a4244-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-08-25
status:	Published
citation:
Document Size:	70247

57 GEORGE C. EVERETT v. STATE FARM INDEMNITY COMPANY -- rank: 680

... payment of benefits" under the statute. A liberal construction of N.J.S.A. 39:6A-4. Had a bill for $400 been submitted rather than one ... following example. If an insured with a $2,500 deductible, N.J.S.A. 39:6A-4.3, received intermittent treatment over a four-year period, and ...

docket:	a4520-99
court:	njappellate
decided:	2002-12-31
status:	published
citation:	358 N.J. Super. 400
Document Size:	44475

58 VICTOR DZIUBA et al. v. SCOTT J. FLETCHER, KRISTEN L. VANDERHOOK, LOUIS H. VANDERHOOK, et al. -- rank: 669

... did not address, and the judge did not determine, whether N.J.S.A. 39:6A-4.5 provided an independent basis for dismissal of Victor's ... as "culpably uninsured," as determined by the first judge, and N.J.S.A. 39:6A-4.5 as an independent basis for dismissal of the economic ... that Victor's non-economic loss claim is barred by N.J.S.A. 39:6A-4.5a which provides that: [a]ny person who, at the ... but fails to maintain medical expense benefits coverage mandated by [ N.J.S.A. 39:6A-4] shall have no cause of action for recovery of economic ... issue has never been addressed in a reported decision. While N.J.S.A. 39:6A-4.5a leads us to conclude that the uninsured vehicle must ... a result of an accident while operating an uninsured automobile." N.J.S.A. 39:6A-4.5a. The plain import of the language requires that ...

docket:	a7056-03
court:	njappellate
decided:	2005-12-27
status:	published
citation:	382 N.J. Super. 73
Document Size:	47493

59 ROIG V. KELSEY -- rank: 666

... sustained bodily injury as a result of an automobile accident." N.J.S.A. 39:6A-4. A person's no-fault insurance was to be an ... recovery         of damages for bodily injury by such         injured person. N.J.S.A. 39:6A-4 (section 4) and N.J.S.A. 39:6A-10 ... E]vidence of the amounts collectible or paid pursuant to [ N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-10] . . . to an ... of medical expenses in the case of catastrophic injury. See N.J.S.A. 39:6A-4 (providing that insurer should pay reasonable medical expenses in excess ...

docket:	a-43-93
court:	njsupreme
decided:	1994-05-19
status:
citation:	135 N.J. 500
Document Size:	52493

60 KEVIN ROBINSON v. MICHAEL ZORN -- rank: 666

... insuring automobiles in New Jersey shall include "no fault" coverage, N.J.S.A. 39:6A-4, and UM coverage, N.J.S.A. 39:6A-14 ...

docket:	a3152-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-17
status:	published
citation:	430 N.J.Super. 312 64 A.3d 571
Document Size:	48182