Search Rutgers Law Library N.J. Court Opinions

61 KIMBERLY BRITTEN v. LIBERTY MUTUAL INSURANCE CO. -- rank: 661

... the defendant's contention that the anti-stacking provisions of N.J.S.A . 39:6A-4.2 preclude plaintiff from securing benefits under both policies. We ... Watts , 69 N.J. Super. 198, 205 (App. Div. 1961).      N.J.S.A. 39:6A-4.2 authorizes PIP benefits to the named insured and resident ... 250,000. With the enactment of AICRA, the Legislature added N.J.S.A. 39:6A-4.3, which provides in pertinent part: With respect to personal ... the policy shall provide $250,000 medical expense benefits coverage[.] [ N.J.S.A. 39:6A-4.3(e).] Under this provision, the Legislature eliminated the mandatory ... 84 (App. Div. 1997). We disagree. The plain language of N.J.S.A. 39:6A-4.2 precludes recovery of medical benefits from multiple sources. Martin ... We instead concluded that the Legislature "did not intend by N.J.S.A. 39:6A-4.2 to preclude a seriously injured victim from recovering ...

docket:	A2440-05
court:	NJ Superior Court Appellate Division
decided:	2007-01-12
status:	published
citation:	389 N.J. Super. 556 914 A.2d 305
Document Size:	17844

62 HERIBERTO CABALLERO-GONZALEZ v. HARCO NATIONAL INSURANCE COMPANY -- rank: 661

... accident while operating an uninsured automobile.' Id. at 81 (quoting N.J.S.A. 39:6A-4.5(a)). Here, the policy took the broader approach of ...

docket:	a0875-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-29
status:	unpublished
citation:
Document Size:	64590

63 STEVEN HARBOLD V. GERRI OLIN -- rank: 659

... struck by an object propelled by or from such automobile.         [ N.J.S.A. 39:6A-4.2, a named insured's own PIP coverage is primarily ... an accident, while a pedestrian, caused by an automobile. See N.J.S.A. 39:6A-4. He was also eligible for PIP coverage under defendant's ... who sustained bodily injury caused by the defendant's automobile. N.J.S.A. 39:6A-4. As the primary policy, plaintiff's mother's PIP coverage provided plaintiff's medical expenses. N.J.S.A. 39:6A-4.2.     Significantly, N.J.S.A. 39:6A-8.1 ... 37 , 43 (App. Div. 1992).     Nonetheless, plaintiff argues that, under N.J.S.A. 39:6A-4.2. Additionally, if the claimant is an immediate family member ...

docket:	a6246-94
court:	njappellate
decided:	1996-01-31
status:	published
citation:	287 N.J.Super. 35
Document Size:	18239

64 JACQUELINE JOHNSON v. REPUBLIC WESTERN INSURANCE COMPANY -- rank: 654

... 2005), we held that bus MEB is not subject to N.J.S.A. 39:6A-4.2 (primacy of coverages for PIP benefits between automobile insurers ... A. l7:28-1.6 of a provision comparable to N.J.S.A. 39:6A-4.2, requiring MEB to be paid by an injured bus ... accident while occupying, entering into or alighting from an automobile, N.J.S.A. 39:6A-4, or from a motor bus, N.J.S.A. 17 ... continuation and essential services benefits, funeral expenses and death benefits. N.J.S.A. 39:6A-4. Critical to the issue before us, where the Legislature chose ...

docket:	A3968-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-16
status:	published
citation:	391 N.J. Super. 194 917 A.2d 803
Document Size:	44663

65 LINDSTROM V. THE HANOVER INSURANCE COMPANY -- rank: 652

... of PIP coverage. In determining coverage, the trial court interpreted N.J.S.A. 39:6A-4 (section 4) of the New Jersey Reparation Reform Act (Act ... shot injuries was clearly an "accident" within the contemplation of N.J.S.A. 39:6A-4 of the New Jersey Reparation Reform Act. Therefore, Kurt Lindstrom ... from an automobile. [ L. 1988, c. 119, § 3 (codified at          N.J.S.A. 39:6A-4).] Plaintiff demanded payment under the policy for Kurt's medical ... determining whether Kurt's injuries were within the contemplation of N.J.S.A. 39:6A-4 ("section four"), the Appellate Division reviewed cases concerning the applicability ... Like the majority, I believe that the appropriate test under N.J.S.A. 39:6A-4 is whether a substantial nexus exists between plaintiff's injuries ...

docket:	a-30-94
court:	njsupreme
decided:	1994-12-19
status:
citation:	138 N.J. 242
Document Size:	48397

66 OMAR SANDERS v. NORMA K. LANGEMEIER -- rank: 652

... a passenger while occupying the named insured's vehicle. See N.J.S.A. 39:6A-4. Under Leslie's special policy, Clarendon only paid Sanders' emergency ... under AICRA was required to "contain personal injury protection benefits." N.J.S.A. 39:6A-4. "'Personal injury protection coverage' means and includes . . . [p]ayment of ... and $150,000 available at the election of the insured. N.J.S.A. 39:6A-4.3e. With the passage of AICRA, the Legislature introduced a ... by the default provision in the standard policy, pursuant to N.J.S.A. 39:6A-4. On appeal, the UCJF contends that the above quoted statute ...

docket:	a4335-06
court:	njappellate
decided:	2008-06-19
status:	published
citation:	401 N.J.Super. 125
Document Size:	51235

67 GOVERNMENT EMPLOYEES INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY, -- rank: 649

... three accidents, Allstate paid PIP benefits to eligible persons under N.J.S.A. 39:6A-4. Allstate then sought reimbursement from GEICO under N.J.S ... who have no connection to any PIP insured vehicle. See N.J.S.A. 39:6A-4. The largest category of these protected persons, therefore, is likely ...

docket:	A0995-01
court:	NJ Superior Court Appellate Division
decided:	2003-03-25
status:	published
citation:	358 N.J. Super. 555 818 A.2d 474
Document Size:	53396

68 New Jersey Manufacturers Insurance Co. v. Hardy -- rank: 647

... struck by an object propelled by or from that automobile. [ N.J.S.A. 39:6A-4.] The coverage thus applies to three categories of injured persons ... PIP benefits where the law mandates such coverage. See generally N.J.S.A. 39:6A-4 (referencing “named insured,” which term includes business organizations as well ...

docket:	a-79-02
court:	njsupreme
decided:	2004-01-27
status:
citation:	178 N.J. 327
Document Size:	45633

69 DURWIN MOSES v. CHRISTOPHER J. WEGFAHRT -- rank: 647

... in New Jersey and was not insured in accordance with N.J.S.A. 39:6A-4. Therefore, under N.J.S.A. 39:6A-4.5(a), plaintiff was precluded from maintaining a lawsuit for ... not provide personal injury protection (PIP) benefits as mandated by N.J.S.A. 39:6A-4. In general, this statute requires that the owner of a ... that contains a provision providing PIP benefits in accordance with N.J.S.A. 39:6A-4 and the policy covering the Silverado did not contain such ... barred from pursuing his cause of action against defendants under N.J.S.A. 39:6A-4.5(a). II Plaintiff asserts the trial court erred by ... granting summary judgment and dismissing his complaint. He contends that N.J.S.A. 39:6A-4.5(a) bars his lawsuit only if the Silverado ...

docket:	a2900-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-26
status:	unpublished
citation:
Document Size:	17234

70 ENCOMPASS INSURANCE COMPANY OF NEW JERSEY v. TRANS WARE, INC. -- rank: 640

... two or more insurers are liable to pay benefits under [ N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-10] under a ... person, the maximum amount payable shall be as specified in [ N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-10, N.J ... arbitration when two or more insurers pay benefits pursuant to N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-10 "under a ... policy." Moreover, Encompass did not pay Baxter benefits pursuant to N.J.S.A. 39:6A-4 or N.J.S.A. 39:6A-10. Baxter was ...

docket:	a4853-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-30
status:	unpublished
citation:
Document Size:	17948

71 ESTATE OF CAREY LEEMAN VS EAGLE INSURANCE COMPANY -- rank: 640

... services benefits, as there is conflict on these issues. See N.J.S.A. 39:6A-4(b),(c)&(e). The statutory interest award must be based ...

docket:	a5477-96
court:	njappellate
decided:	1998-03-09
status:	published
citation:	309 N.J.Super. 525
Document Size:	27444

72 ABDUL H. MUHAMMAD v. ELIZABETH YELLOW CAB INC -- rank: 638

... 3 Ocean's policy provided PIP coverage in accordance with N.J.S.A. 39:6A-4, which requires coverage for PIP benefits, including medical expense benefits. N.J.S.A. 39:6A-4(a). N.J.S.A. 39:6A-5(g) requires that PIP benefits pursuant to N.J.S.A. 39:6A-4 are overdue if a carrier does not pay them within ...

docket:	a4197-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-08
status:	unpublished
citation:
Document Size:	33244

73 ALPERT, GOLDBERG, BUTLER NORTON & WEISS, P.C. v. MICHAEL QUINN -- rank: 638

... J. Super. 176 , 181 (App. Div. 1994), superseded by statute , N.J.S.A. 39:6A-4.3, as recognized by David v. Gov't Employees Ins ...

docket:	a5503-07
court:	superior court appellate division
decided:	2009-11-24
status:	published
citation:	410 N.J. Super. 510 983 A.2d 604
Document Size:	138269

74 COMPREHENSIVE PAIN SOLUTIONS OF NEW JERSEY PC v. OMNI INSURANCE COMPANY c/o GOOD 2 GO AUTO INSURANCE -- rank: 638

... 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 ... A-0862-22 3 injury protection benefits coverage pursuant to [N.J.S.A. 39:6A-4] or of [N.J.S.A. 17:28-1.3 ... this State. [N.J.S.A. 17:28-1.4]. N.J.S.A. 39:6A-4 provides that every standard automobile liability insurance policy 'shall contain ... coverage up to $250,000 per accident as prescribed by N.J.S.A. 39:6A-4(a). In support, plaintiff asserted that although Omni was not ...

docket:	a0862-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-07
status:	Unpublished
citation:
Document Size:	27139

75 COUNTRY-WIDE INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY -- rank: 638

... See footnote 1 1 , to provide PIP benefits pursuant to N.J.S.A.  39:6A-4. As a result of the accident, Donohue sustained bodily injuries ... exceeding $75,000, which were paid by Allstate pursuant to N.J.S.A. 39:6A-4. Allstate sought contribution from Country-Wide for its PIP outlay ... to carry PIP coverage payable to an injured pedestrian under N.J.S.A. 39:6A-4, it would also be required, under N.J.S.A ... immediate and prompt compensation to the victims of automobile injury.      N.J.S.A. 39:6A-4.2 (declaring the primacy of carriers obligated to pay PIP ... Country-Wide posits is hypothetical. It is clear that under N.J.S.A. 39:6A-4.2, Allstate is the "primary" carrier on the facts of ...

docket:	A0366-99
court:	NJ Superior Court Appellate Division
decided:	2001-01-23
status:	published
citation:
Document Size:	23280