Search Rutgers Law Library N.J. Court Opinions

16 MEHERALY MERCHANT v. BRIAN J. VINDICK -- rank: 739

... The New Jersey Automobile Reparation Reform Act's reimbursement provision, N.J.S.A. 39:6A-9.1(b), provides that [i]n the case of an accident ... or, upon failing to agree, by arbitration. However , recovery under N.J.S.A. 39:6A-9.1 is limited by the restrictions of N.J.S.A ... subsequently was involved in a car accident, are "tortfeasors" under N.J.S.A. 39:6A-9.1. Id. at 73. Noting that the case involved "a question ... arbitration proceedings under authority granted by the arbitration provisions of N.J.S.A. 39:6A-9.1." Id. at 282. We found that "[t]he issue presented ... they agreed to resolve their dispute through arbitration; and alternatively, N.J.S.A. 39:6A-9.1 requires the matter to be submitted to arbitration. While plaintiff ... commercial [buses] could obtain reimbursement from insurance carrier pursuant to N.J.S.A. 39:6A-9.1 through arbitration even though the bus companies had obtained ...

docket:	a3822-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-25
status:	unpublished
citation:
Document Size:	65698

17 GOVERNMENT EMPLOYEES INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY, -- rank: 737

... maintains that it need not reimburse Allstate Insurance Company, under N.J.S.A. 39:6A-9.1, for Allstate's payment of PIP benefits to its insureds ... 39:6A-4. Allstate then sought reimbursement from GEICO under N.J.S.A. 39:6A-9.1. Allstate's reimbursement theory was that GEICO was not required ... deemer statute and consequently was required to reimburse Allstate under N.J.S.A. 39:6A-9.1. After the judge certified the decision as final, under R ... coverage which does not insulate a carrier from reimbursement obligations. N.J.S.A. 39:6A-9.1. If such a result creates a windfall for GEICO, and ... Allstate is entitled to reimbursement from GEICO. In pertinent part, N.J.S.A. 39:6A-9.1 provides that an insurer has "the right to recover the ... 520 (C. 17:28-1.4)." The statute permitting reimbursement, N.J.S.A. 39:6A-9.1, is part of the New Jersey Automobile Reparation Reform ...

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

18 AIG CENTENNIAL INSURANCE COMPANY v. GREGORY R. THOMPSON -- rank: 732

... PIP) medical expense benefits paid to AIG's insured under N.J.S.A. 39:6A-9.1. We reverse because the benefits were not paid in accordance ... already expended. ARI Mutual reimbursed AIG $15,000 pursuant to N.J.S.A. 39:6A-9.1. Davis filed a personal injury lawsuit against Kanauss, Gregory Thompson ... other relating to the ultimate responsibility for PIP payments under N.J.S.A. 39:6A-9.1. In October 2010, Davis settled her personal injury lawsuit against ... we are specifically reviewing the Law Division's application of N.J.S.A. 39:6A-9.1, we need not defer to the motion court's "interpretive ... PIP reimbursement to a PIP carrier is strictly governed by N.J.S.A. 39:6A-9.1. IFA Ins. Co. v. Waitt , 270 N.J. Super. 621 ... limits of the insured tortfeasor's motor vehicle . . . insurance policy. [ N.J.S.A. 39:6A-9.1 (emphasis added).] The statute was not among the provisions ...

docket:	a4358-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-19
status:	unpublished
citation:
Document Size:	23003

19 SEBASTIAN FERNANDEZ v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY -- rank: 729

... s right to reimbursement for paid PIP benefits, pursuant to N.J.S.A. 39:6A-9.1, has priority over an insured's right to be made ... but rather address different issues under the PIP reimbursement statute, N.J.S.A. 39:6A-9.1. We determine that the issue presented is controlled by Knox ... the insurance proceeds of a third-party tortfeasor, pursuant to N.J.S.A. 39:6A-9.1, even if the limits of the tortfeasor's insurance policy ... PIP benefits paid to plaintiff, together with interest, pursuant to N.J.S.A. 39:6A-9.1, even where the amount of the tortfeasors' insurance is insufficient ... the involved parties or, upon failing to agree, by arbitration. [ N.J.S.A. 39:6A-9.1.] Plaintiff contends that because the tortfeasors' liability insurance policy will ... carrier sought reimbursement against the tortfeasor's carrier pursuant to N.J.S.A. 39:6A-9.1. The tortfeasor's carrier did not reimburse the PIP ...

docket:	a4849-06
court:	njappellate
decided:	2008-08-12
status:	published
citation:	402 N.J.Super. 166
Document Size:	47890

20 CHARLOTTE SCHAEFER v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 729

... S.A. 17:28-1.6 may seek reimbursement under N.J.S.A. 39:6A-9.1, which permits insurers paying PIP benefits as a result of ... to maintain PIP protection other than for pedestrians, even though N.J.S.A. 39:6A-9.1 also does not specifically reference N.J.S.A. 17 ... J. 170 (2002), we reaffirmed the holding of Park that N.J.S.A. 39:6A-9.1, which governs the right of an insurer that pays PIP ...

docket:	a4478-03
court:	njappellate
decided:	2005-04-15
status:	published
citation:	*CITE_PENDING*
Document Size:	33589

21 CHARLOTTE SCHAEFER v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 729

... S.A. 17:28-1.6 may seek reimbursement under N.J.S.A. 39:6A-9.1, which permits insurers paying PIP benefits as a result of ... to maintain PIP protection other than for pedestrians, even though N.J.S.A. 39:6A-9.1 also does not specifically reference N.J.S.A. 17 ... J. 170 (2002), we reaffirmed the holding of Park that N.J.S.A. 39:6A-9.1, which governs the right of an insurer that pays PIP ...

docket:	a5757-03
court:	njappellate
decided:	2005-04-15
status:	published
citation:	376 N.J. Super. 475
Document Size:	33613

22 CHARLOTTE SCHAEFER v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 729

... S.A. 17:28-1.6 may seek reimbursement under N.J.S.A. 39:6A-9.1, which permits insurers paying PIP benefits as a result of ... to maintain PIP protection other than for pedestrians, even though N.J.S.A. 39:6A-9.1 also does not specifically reference N.J.S.A. 17 ... J. 170 (2002), we reaffirmed the holding of Park that N.J.S.A. 39:6A-9.1, which governs the right of an insurer that pays PIP ...

docket:	a6668-03
court:	njappellate
decided:	2005-04-15
status:	published
citation:	*CITE_PENDING*
Document Size:	33589

23 JACQUELINE JOHNSON v. REPUBLIC WESTERN INSURANCE COMPANY -- rank: 717

... the owner and driver of the tractor trailer pursuant to N.J.S.A. 39:6A-9.1, which permits recovery from tortfeasors who were not required by ... be recoverable under the automobile PIP reimbursement statute even though N.J.S.A. 39:6A-9.1 also did not specifically reference N.J.S.A. l7 ... the deemer statute was also shielded from reimbursement suits under N.J.S.A. 39:6A-9.1 by an automobile carrier that paid first-party PIP benefits ... who were injured in accidents with commercial buses, even though N.J.S.A. 39:6A-9.1 did not expressly reference the bus PIP statute. In reaching ...

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

24 AAA MID-ATLANTIC INSURANCE OF NEW JERSEY f/k/a KEYSTONE INSURANCE COMPANY OF NEW JERSEY v. PRUDENTIAL PROPERTY and CASUALTY INSURANCE COMPANY et al. -- rank: 715

... the New Jersey Automobile Reparation Reform Act's reimbursement provision, N.J.S.A. 39:6A-9.1, and (2) whether, under this provision, the son's automobile ... left their home, making them "tortfeasors" within the meaning of N.J.S.A. 39:6A-9.1. See footnote 1 1 Prudential filed an application with Arbitration ... argument, the motion judge denied relief to AAA, finding that N.J.S.A. 39:6A-9.1 provides that all disputes, of both fact and law, must ... no social host liability to their son and Prudential under N.J.S.A. 39:6A-9.1. We agree with AAA's position and reverse. I     Merely ... the New Jersey Automobile Reparation Reform Act's reimbursement provision, N.J.S.A. 39:6A-9.1, mandates arbitration of this claim. This provision confers a statutory ... court assumed jurisdiction to interpret the meaning of "tortfeasor" under N.J.S.A. 39:6A-9.1 and declared the substantive rights of the parties. Both ...

docket:	a6732-98
court:	njappellate
decided:	2000-12-22
status:	published
citation:	336 N.J.Super. 71
Document Size:	19637

25 COACH USA, INC., CAPE TRANSIT CORPORATION AND LEISURE LINE, INC. v. ALLSTATE NEW JERSEY INSURANCE COMPANY, -- rank: 710

... a determination by the court that reimbursement was barred by N.J.S.A. 39:6A-9.1 in the circumstances presented and the entry of injunctions against ... by Allstate of future arbitrations against the bus companies under N.J.S.A. 39:6A-9.1. The court agreed with the bus companies' substantive position and ... from the court's judgment and limited injunction. We affirm.      N.J.S.A. 39:6A-9.1, the statute at issue, provides, in relevant part, as follows ... the time of the accident. . . .     On appeal, defendant Allstate construes N.J.S.A. 39:6A-9.1 to bar actions for reimbursement of PIP benefits against the ... bus-PIP. In support of this construction, Allstate notes that N.J.S.A. 39:6A-9.1 was not amended following the enactment of the bus-PIP ... Allstate urges because it is contrary to the language of N.J.S.A. 39:6A-9.1, cannot be justified on public policy grounds and leads ...

docket:	A0250-01
court:	NJ Superior Court Appellate Division
decided:	2002-10-01
status:	published
citation:
Document Size:	18357

26 DRIVE NEW JERSEY INSURANCE COMPANY v. GENNADIY GISIS -- rank: 708

... New Jersey filed a motion to compel arbitration pursuant to N.J.S.A. 39:6A-9.1, and defendants filed a cross-motion for summary judgment. The ... opinion on August 27, 2010, in which it concluded that N.J.S.A. 39:6A-9.1 precluded Drive New Jersey from seeking reimbursement of its PIP ... Jersey argues that the trial court erred by finding that N.J.S.A. 39:6A-9.1 precluded it from pursuing recovery of its PIP payments from defendants. We agree. N.J.S.A. 39:6A-9.1 provides in pertinent part that an "insurer, health maintenance organization ... coverage for its school bus, it had a right under N.J.S.A. 39:6A-9.1 to seek recovery of the PIP benefits it paid for ... State , 171 N.J. 484 , 488 (2002)). The language of N.J.S.A. 39:6A-9.1 is clear on its face. The statute provides that ...

docket:	a0951-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-29
status:	published
citation:	420 N.J. Super. 295 21 A.3d 216
Document Size:	20713

27 /usr/local/share/www/libweb/collections/courts/appellate/a5061-18.opn.html -- rank: 703

... Geico's request, reasoning that entry of the award violated N.J.S.A. 39:6A-9.1(b), which provides, 'Any recovery by an insurer . . . shall be ... payments made to Del-Rosario and demanding arbitration, pursuant to N.J.S.A. 39:6A-9.1. Plaza, through John Gilmore of Corporate Claims Service, Plaza's ... of reasons, declining to enter judgment against Plaza. Relying on N.J.S.A. 39:6A-9.1(b), the judge determined that '[t]he arbitrator exceeded her ... 18T3 10 AF, asserting a jurisdictional error and arguing that N.J.S.A. 39:6A-9.1(b) precluded Geico from recovering from Plaza, as the underlying ... to reject Geico's request to enter judgment against Plaza. N.J.S.A. 39:6A-9.1 governs the recovery of PIP benefits from a commercial vehicle ... insured tortfeasor's motor vehicle or other liability insurance policy. [N.J.S.A. 39:6A-9.1(b).] A-5061-18T3 11 Nevertheless, relying on Selective ...

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Document Size:	23641

28 FIREMAN'S FUND INSURANCE COMPANY v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, -- rank: 695

... interpretation consistent with logic and the purpose of the statute.      N.J.S.A. 39:6A-9.1 affords to insurers, HMOs, or governmental agency payors of either ... or who are so required, but have failed to comply. N.J.S.A. 39:6A-9.1 provides, in pertinent part, that the paying PIP insurer, HMO ... the involved parties or, upon failing to agree, by arbitration. [ N.J.S.A. 39:6A-9.1.]     Under the PIP scheme, medical expense benefits to covered persons ... subsequent claim for ongoing medical benefits, asserting expiration of the N.J.S.A. 39:6A-9.1 two-year statute of limitations. An arbitration was then requested ... PIP payments, the two-year statute of limitations, contained in N.J.S.A. 39:6A-9.1, was no longer a factor. Waiver of the right to ... well as whether an insurer is "legally entitled to recover." N.J.S.A. 39:6A-9.1. Thus, after insurers reach a reimbursement agreement within two ...

docket:	a4602-99
court:	njappellate
decided:	2001-06-29
status:	published
citation:	341 N.J. Super. 528
Document Size:	16632

29 VIDA DELGIORNO v. EDDIE L. MOSS -- rank: 676

... reimbursement claims for both DelGiornos submitted to arbitration pursuant to N.J.S.A. 39:6A-9.1. The Hunt defendants objected and cross-moved to preclude evidence ... payments and medical expenses. The Hunt defendants argued that under N.J.S.A. 39:6A-9.1, because Vida is not an insurer, she cannot unilaterally request ... her medical bills were paid by Rutgers and pursuant to N.J.S.A. 39:6A-9.1, the insurer and not the insured maintains the right to ... both Raymond and Vida's PIP claims to arbitration under N.J.S.A. 39:6A-9.1, reasoning: Rutgers paid PIP benefits on behalf of both of ... Raymond G. DelGiorno" from Superior Court to arbitration pursuant to N.J.S.A. 39:6A-9.1, and declaring moot the Hunt defendants' motion to preclude the ... the involved parties or, upon failing to agree, by arbitration . [ N.J.S.A. 39:6A-9.1 (emphasis added).] If a statute is clear on its ...

docket:	a2883-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-16
status:	unpublished
citation:
Document Size:	44336

30 DRIVE NEW JERSEY INSURANCE COMPANY AND DRIVE NEW JERSEY INSURANCE COMPANY, as Subrogee of MARK SPRINGER v. WILLIAM J. SOFIELD, KB SUMMERS INC., and PROTECTIVE INSURANCE COMPANY - -- rank: 671

... complaint was filed outside the statute of limitations set by N.J.S.A. 39:6A-9.1. This statute requires that an insurer seek reimbursement within two ... submitted by Springer to Drive NJ constituted his "claim" under N.J.S.A. 39:6A-9.1. Drive NJ argues that the statute of limitations began to ... limitations on actions for reimbursement of PIP benefits set by N.J.S.A. 39:6A-9.1. In support of this motion, defendants argued that Springer's ... that triggered the running of the statute of limitations in N.J.S.A. 39:6A-9.1." However, the court also noted that the Holger court additionally stated that "the claim" referred to in N.J.S.A. 39:6A-9.1 is "the claim form or application requested by the insurer ... PIP Application form, the APTP form constituted "the claim" under N.J.S.A. 39:6A-9.1. Therefore, because Drive NJ did not file its action ...

docket:	a1989-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-04-04
status:	Published
citation:
Document Size:	26780