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91 WILLIAM J. KAHLERT v. MELISSA A. BATTAGLIA -- rank: 614

... the brief). PER CURIAM In this appeal, we consider whether N.J.S.A. 39:6A-4.5a bars plaintiff William Kahlert from recovering economic and non ... non-economic damages. Defendant filed a summary judgment motion, arguing N.J.S.A. 39:6A-4.5a barred plaintiff's claims. The trial judge denied the ... Defendant then filed a motion for reconsideration. She argued that N.J.S.A. 39:6A-4.5a barred plaintiff's claim because the Commissioner did not ... vehicle in New Jersey. The judge granted summary judgment, concluding N.J.S.A. 39:6A-4.5a barred plaintiff's claim because there was "no doubt ... Ryersin , 277 N.J. Super. 22 , 26 (App. Div. 1994)). N.J.S.A. 39:6A-4.5a provides, Any person who, at the time of an ... an accident while operating an uninsured automobile. The Legislature adopted N.J.S.A. 39:6A-4.5 in 1997 to limit the ability of persons ...

docket:	a0535-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-21
status:	unpublished
citation:
Document Size:	14250

92 GISELE LIGHTNER v. TOMAS SOLIS, -- rank: 611

... Lightner's automobile negligence personal injury lawsuit. At issue is N.J.S.A. 39:6A-4.5 which bars recovery for injuries sustained by the owner ... for summary judgment as well on the ground that under N.J.S.A. 39:6A-4.5, plaintiff is barred from recovering any damages because she ... the trial court reasoned:             Clearly, the language of that statute [ N.J.S.A. 39:6A-4.5] says the word "operating." If the legislature intended -- and ... uninsured motor vehicle was being "operated" within the meaning of N.J.S.A. 39:6A-4.5(a).     We begin our analysis by noting that "'the ... the predecessor to the very statutory provision at issue here, N.J.S.A. 39:6A-4.5 to an owner of a registered, but uninsured vehicle ... struck by a motorist, was not precluded by operation of N.J.S.A. 39:6A-4.5 The determination is necessarily fact sensitive. As the ...

docket:	A3156-01
court:	NJ Superior Court Appellate Division
decided:	2003-04-15
status:	published
citation:
Document Size:	26916

93 Rutgers Casualty Insurance Company v. Robert LaCroix, et al. -- rank: 611

... a claimant sustains one of the injuries set forth in N.J.S.A. 39:6A-4.3(e) and receives treatment at a trauma center or ... to reimburse persons injured in automobile accidents regardless of fault. N.J.S.A. 39:6A-4 states, [E]very standard automobile liability insurance policy . . . shall contain ... 326, 327 (1996) (same). We simply must clarify that amount. N.J.S.A. 39:6A-4.3 sets forth “[p]ersonal injury protection coverage options ... to another facility in the judgment of the attending physician. N.J.S.A. 39:6A-4.3 “‘is clear and unambiguous on its face ... a claimant sustains one of the injuries set forth in N.J.S.A. 39:6A-4.3(e) and receives treatment at a trauma center or ...

docket:	a-128-06
court:
decided:	2008-05-14
status:
citation:	*CITE_PENDING*
Document Size:	88308

94 UNSATISFIED CLAIM & JUDGMENT FUND BOARD V. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 604

... and procedures for collecting PIP benefits from the Fund are N.J.S.A. 39:6A-4 (listing available PIP benefits). III     The Fund relies on section ...

docket:	a-34-94
court:	njsupreme
decided:	1994-11-23
status:
citation:	138 N.J. 185
Document Size:	63588

95 Danielle Davidson v. Raymond A.Slater , et al. -- rank: 604

... happened here.     Davidson claims a permanent injury as defined in N.J.S.A. 39:6A-4.7. See N.J.A.C. 11:3-4.5 ...

docket:	a-84-05
court:	njsupreme
decided:	2007-01-30
status:
citation:	189 N.J. 166
Document Size:	75107

96 AMBULATORY SURGICAL CENTER OF SOMERSET v. ALLSTATE FIRE CASUALTY INSURANCE COMPANY -- rank: 602

... sustain bodily injury as a result of . . . using an automobile.' N.J.S.A. 39:6A-4. A-1998-19T3 2 I. The relevant facts are not ... center (ASC) medical expense benefits under PIP coverage. See generally N.J.S.A. 39:6A-4.6(a) (requiring DOBI's Commissioner to 'promulgate medical fee ...

docket:	a1998-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-12
status:	Unpublished
citation:
Document Size:	26500

97 /usr/local/share/www/libweb/collections/courts/appellate/a1312-18.opn.html -- rank: 602

... 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 ... 1.1], and personal injury protection benefits coverage pursuant to [N.J.S.A. 39:6A-4] or of [N.J. Stat. § 17:28-1.3 ...

docket:
court:
decided:
status:
citation:
Document Size:	29766

98 ALLSTATE INSURANCE COMPANY v. RICHARD SIMONE -- rank: 599

... c. 310, § 1 (eff. Jan. 5, 1978), codified at N.J.S.A. 39:6A-4(a), allowed for "[p]ayment of all reasonable medical expenses ... not incurred. [ Id. at 495-96 (internal quotation marks omitted).] N.J.S.A. 39:6A-4 was amended in 1990 to delete the word "incurred" from ... amendments to N.J.S.A. 39:6A-6 and N.J.S.A. 39:6A-4.3 that had been adopted in 1991, but which were ... the plaintiff was found to have "incurred" expenses pursuant to N.J.S.A. 39:6A-4 and was entitled to recover reimbursement for the value of ...

docket:	a5359-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-08
status:	unpublished
citation:
Document Size:	34475

99 NEW JERSEY INTERGOVERNMENTAL INSURANCE FUND v. RICHARD SAROKIS -- rank: 597

... first briefly describe the legal basis for the claim. Under N.J.S.A. 39:6A-4, all automobile liability insurance policies must provide PIP benefits coverage ... of the named insured, with permission of the named insured[.] [ N.J.S.A. 39:6A-4.] To trigger coverage, there must be a "substantial nexus between ... truck was associated with the accident within the meaning of N.J.S.A. 39:6A-4 because the injury "arose out of the use of the ...

docket:	a0200-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-04
status:	unpublished
citation:
Document Size:	28877

100 TOSHIBA A. STRICKLEN v. ERMANNO FERRUGGIA -- rank: 597

... 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 ... subject to Section l4 of P.L. l985, c. 520 [ N.J.S.A. 39:6A-4.5], but may nevertheless have been subject to the verbal ...

docket:	a4851-03
court:	njappellate
decided:	2005-06-30
status:	published
citation:	379 N.J. Super. 296
Document Size:	63388

101 RICHARD P. BADUINI et al. v. STEPHINA SERINA -- rank: 597

... 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 ... here. Accordingly, we do not address that question. But see N.J.S.A. 39:6A-4, -4.5; N.J.S.A. 39:6B-1, -2 ...

docket:	A3842-03
court:	NJ Superior Court Appellate Division
decided:	2005-03-10
status:	published
citation:	375 N.J. Super. 478 868 A.2d 372
Document Size:	21593

102 JENNIFER LAMBERT v. TRAVELERS INDEMNITY COMPANY OF AMERICA -- rank: 595

... compensation insurance . . . shall be deducted from the benefits collectible under [ N.J.S.A. 39:6A-4 and 39:6A-10], the medical expense benefits provided in ...

docket:	a1073-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-24
status:	published
citation:	447 N.J.Super. 61 145 A.3d 1095
Document Size:	46388

103 WENDY N. FULLMAN v. ALLSTATE INSURANCE COMPANY OF NEW JERSEY -- rank: 595

... incorrect. "The measure of the income loss referred to in N.J.S.A. 39:6A-4(b) is the difference between what one would have earned ... case involved workers' compensation benefits, which are explicitly excepted in N.J.S.A. 39:6A-4. Thus, even if Allstate had properly preserved its argument concerning ...

docket:	a3016-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-30
status:	unpublished
citation:
Document Size:	32999

104 YVETTE M. CARMICHAEL & GERALD CARMICHAEL, ET AL -- rank: 595

... J.S.A. 39:6A-1 to -35. In particular, N.J.S.A. 39:6A-4.5 states, in pertinent part, the following:             Any person who ... insurance coverage is provided by the line of cases interpreting N.J.S.A. 39:6A-4.5 and N.J.S.A. 39:6A-3, the ... and should not be subject to the verbal threshold under N.J.S.A. 39:6A-4.5.     In the context of this case, the next question ...

docket:	a4953-96
court:	njappellate
decided:	1998-03-17
status:	published
citation:	310 N.J.Super. 34
Document Size:	25704

105 COOPER HOSPITAL UNIVERSITY MEDICAL CENTER v. PRUDENTIAL INSURANCE COMPANY -- rank: 592

... Jersey, did not maintain the requisite PIP coverage mandated by N.J.S.A. 39:6A-4, and, therefore, did not qualify for PIP benefits under the ...

docket:	A1861-03
court:	NJ Superior Court Appellate Division
decided:	2005-06-27
status:	published
citation:	378 N.J. Super. 510 876 A.2d 335
Document Size:	53955