Search Rutgers Law Library N.J. Court Opinions

1 RUTGERS CASUALTY INS. CO. VS THE OHIO CASUALTY INS. CO. -- rank: 1000

... and then sought "contribution" from the defendant insurance carriers under N.J.S.A. 39:6A-11 because of an "exclusion" in each of their policies. Adopting ... intent of causing injury or damage to himself or others." N.J.S.A. 39:6A-11 provides for "equitable pro-rata" contribution "if two or more ... injured party is paid under the "primacy of coverage" section, N.J.S.A. 39:6A-11. An historical review of this issue is useful to understanding ... and Liberty Mutual were required to share the obligation under N.J.S.A. 39:6A-11. Federal paid Ellmers partial PIP benefits but he initiated a ... 11. We found this regulation and policy provision contrary to N.J.S.A. 39:6A-11. Id. at 610-11. [I]t is difficult to say ... action to compel Indemnity to participate in arbitration pursuant to N.J.S.A. 39:6A-11. "Indemnity contended that USF & G's coverage was `primary' ...

docket:	a4103-95
court:	njappellate
decided:	1997-04-01
status:	published
citation:	299 N.J.Super. 249
Document Size:	35044

2 STATE FARM INDEMNITY COMPANY v. NATIONAL LIABILITY & FIRE INSURANCE COMPANY -- rank: 936

... P.J.A.D. This appeal concerns the interpretation of N.J.S.A. 39:6A-11, which governs disputes between insurance companies over contribution for personal ... to show cause pursuant to Rule 4:67-1(a). N.J.S.A. 39:6A-11 caps the total amount of PIP benefits payable if multiple ... agreement, an equitable pro-rata share of the benefits paid. [ N.J.S.A. 39:6A-11.] To put the dispute over this provision in context, William ... summary action in the Law Division to compel arbitration under N.J.S.A. 39:6A-11. National denied that William and his cousin lived in the ... if two or more insurers are liable to pay benefits." N.J.S.A. 39:6A-11. Hence, National argues, the determination of coverage is a prerequisite ... arbitration of all issues is consistent with the purpose of N.J.S.A. 39:6A-11. See State Farm Mut. Auto. Ins. Co. v. Molino , ...

docket:	a5972-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	published
citation:	439 N.J.Super. 532 110 A.3d 132
Document Size:	24604

3 AMERICAN INTERNATIONAL INSURANCE COMPANY OF DELAWARE v. 4M INTERPRISE, INC -- rank: 924

... and AIG to arbitrate ORRG's equitable share pursuant to N.J.S.A. 39:6A-11 and dismissed AIG's claim against PLIGA. 2 ORRG appeals ...

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

4 PALISADES INSURANCE COMPANY , v. HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY -- rank: 899

... permitted by inter-company agreement or arbitration amongst PIP insurers, N.J.S.A. 39:6A-11, but this court has determined that health insurers are not ...

docket:	a2830-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-27
status:	Published
citation:
Document Size:	29518

5 Rutgers Casualty Insurance Company v. The Ohio Casualty Insurance Company -- rank: 890

... injured party is paid under the “primacy of coverage” section ( N.J.S.A. 39:6A-11.     The Supreme Court granted Rutgers' petition for certification. HELD: Once ... the-family” exclusion operates to preclude contribution among insurers under N.J.S.A. 39:6A-11. 1. The “follow-the-family” exclusion does not violate N.J.S.A. 39:6A-11 because that section applies only when two or more insurers ... the "follow-the-family" provision operates to exclude contribution under N.J.S.A. 39:6A-11. (p. 7) 3. The “follow-the-family” provision was meant ... the Appellate Division opinion of Judge King.     Rutgers relied on N.J.S.A. 39:6A-11, which provides that when two or more insurance companies "are ... were not "liable to pay benefits" within the intendment of N.J.S.A. 39:6A-11. They also contended that, under N.J.S.A. ...

docket:	a-89-97
court:	njsupreme
decided:	1998-04-20
status:
citation:	153 N.J. 205
Document Size:	28218

6 FELICIANO PRATTS v. CHRISTINE A. HULME and MARY C. WILSON -- rank: 887

... unjust enrichment, which it may vindicate through arbitration pursuant to N.J.S.A. 39:6A-11, we reverse the order denying declaratory relief in favor of ... than one carrier was liable to provide PIP benefits, citing N.J.S.A. 39:6A-11. He concluded that this provision did not apply and he ... is merely one for subrogation and is not available because N.J.S.A. 39:6A-11 is the sole remedy for recovery of PIP benefits. It ... agreement, an equitable pro-rata share of the benefits paid. [ N.J.S.A. 39:6A-11.] Certain principles of statutory construction guide our interpretation of this ... the burden and congestion of the state's courts" (quoting N.J.S.A. 39:6A-11 to demand arbitration of its claim when it was not ... PIP benefits under any of the statutory provisions enumerated in N.J.S.A. 39:6A-11. The statute does not expressly confer a right to ...

docket:	A2773-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-20
status:	unpublished
citation:
Document Size:	60165

7 COUNTRY-WIDE INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY -- rank: 835

... contribution from Country-Wide for its PIP outlay pursuant to N.J.S.A. 39:6A-11. Country-Wide refused payment, claiming that it was not required ... entered compelling the parties to proceed with arbitration, pursuant to N.J.S.A. 39:6A-11. The trial court reasoned that because Country-Wide is required ... its policies. It posits its situation as one where, under N.J.S.A. 39:6A-11 requiring "equitable" pro rata contribution and upon judicial estoppel. The ... Second, the argument ignores the continuing unambiguous legislative declaration of N.J.S.A. 39:6A-11 requiring contri- bution. In Rutgers Cas. Ins Co., supra , 299 ...

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

8 ENCOMPASS INSURANCE COMPANY OF NEW JERSEY v. TRANS WARE, INC. -- rank: 738

... was required to submit its claim to arbitration pursuant to N.J.S.A. 39:6A-11. The trial court considered the motions on April 16, 2010 ... RLI was required to arbitrate Encompass's claim pursuant to N.J.S.A. 39:6A-11. The court entered an order dated May 4, 2010, which ... claim should be submitted to inter-company arbitration pursuant to N.J.S.A. 39:6A-11. The statute provides: If two or more insurers are liable ... ordered RLI to submit Encompass's claim to arbitration. Furthermore, N.J.S.A. 39:6A-11 does not require arbitration of Encompass's claim. Statutes must ... N.J. 540 , 548 (1980)). According to its plain language, N.J.S.A. 39:6A-11 requires arbitration when two or more insurers pay benefits pursuant ...

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

9 IFA INSURANCE COMPANY v. ATLANTIC MUTUAL INSURANCE COMPANY, -- rank: 671

... affirm the order dismissing plaintiff's complaint. Footnote: 1      1 N.J.S.A. 39:6A-11 then stated:         [I]f two or more insurers are liable ...

docket:	a6089-98
court:	njappellate
decided:	2000-06-01
status:	published
citation:
Document Size:	14198

10 RUTGERS CASUALTY INS. CO. VS NJ MANUFACTURERS INS. CO. -- rank: 477

... participation in arbitration. Rutgers claims entitlement to such relief under N.J.S.A. 39:6A-11 (section 11) and argues that enactment of N.J.S ...

docket:	a2632-95
court:	njappellate
decided:	1996-10-24
status:	published
citation:	<a href=
Document Size:	7340

11 ROMEL SILAND v. RAPHAEL A. CRANDON -- rank: 443

... A. 47:1A- 6, or actions to compel arbitration under N.J.S.A. 39:6A-11; or 2) in all other Superior Court actions 'other than ...

docket:	a3023-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-19
status:	Unpublished
citation:
Document Size:	27807

12 ALLSTATE NEW JERSEY INSURANCE COMPANY v. IFA INSURANCE COMPANY -- rank: 443

... is subject to arbitration under the applicable statute. We disagree. N.J.S.A. 39:6A-11 provides for mandatory inter-company arbitration of disputes between insurance ...

docket:	a2731-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-12
status:	unpublished
citation:
Document Size:	16490

13 Richard Grabowsky v. Township of Montclair -- rank: 370

... Legislature intended to permit summary action to compel arbitration under N.J.S.A. 39:6A-11). Second, in all other Superior Court actions “other than ...

docket:	A-53-13
court:	NJ Supreme Court
decided:	2015-06-15
status:
citation:	221 N.J. 536 115 A.3d 815
Document Size:	101462