Search Rutgers Law Library N.J. Court Opinions

1 GEORGE C. EVERETT v. STATE FARM INDEMNITY COMPANY -- rank: 1000

... period within which to file a complaint for PIP benefits. N.J.S.A. 39:6A-13.1a. Plaintiff directs our attention to State Farm's own ... plaintiff's complaint was timely filed, we need to interpret N.J.S.A. 39:6A-13.1a. The pertinent portion of the statute reads as follows ... later than two years after the last payment of benefits .         [ N.J.S.A. 39:6A-13.1a (emphasis added).]     We begin our analysis by examining the ... App. Div. 1979). The Act was later amended to include N.J.S.A. 39:6A-13.1.     In general terms, statutes of limitations, including those set forth in N.J.S.A. 39:6A-13.1, are based on goals of "achieving security and stability ... 1982) (citations and quotations omitted).]     In discussing the meaning of N.J.S.A. 39:6A-13.1, the Ochs Court noted:         Significantly, N.J.S. ...

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

2 JACQUELINE JOHNSON v. REPUBLIC WESTERN INSURANCE COMPANY -- rank: 946

... that the limitations period provided by the automobile PIP statute, N.J.S.A. 39:6A-13.1, should apply. Pursuant to that provision, an action for ... paid by defendant was on February 6, 2003. Thus, under N.J.S.A. 39:6A-13.1, the latest time for filing a complaint would have ... 28-1.6 while creating a detailed limitations scheme under N.J.S.A. 39:6A-13.1, or to refer specifically to the automobile PIP statute ... 1.6 was governed by the limitations period contained in N.J.S.A. 39:6A-13.1, and entered an order dated April 3, 2006, dismissing ... be made to the estate of the decedent. Nor does N.J.S.A. 39:6A-13.1, which contains a detailed list of the types of ... legislative oversight to constrict the availability of this coverage. Reversed. N.J.S.A. 39:6A-13.1 provides that: a. Every action for the payment ...

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

3 SelectiveInsurance Company of America v. Hudson East Pain Management -- rank: 936

... to cooperate and a violation of the PIP discovery statute, N.J.S.A. 39:6A-13(b). Selective sought a declaratory judgment that defendants were obligated ... the providers. (pp. 10-13) 3. The Legislature, in adopting N.J.S.A. 39:6A-13, set down clear directives with respect to discovery in connection ... Court perceives no ambiguity in the statuteā€™s language; applying N.J.S.A. 39:6A-13 according to its clear terms does not lead to an ... history, condition, treatment, dates and cost of such treatment.ā€¯ N.J.S.A. 39:6A-13(g). The Court may not, under the guise of statutory ... to cooperate and a violation of the PIP discovery statute, N.J.S.A. 39:6A-13(b). Selective sought a declaratory judgment that defendants were obligated ... policies was unavailing. Id. at 425-29. It also analyzed N.J.S.A. 39:6A-13, which sets forth the statutory framework for discovery of ...

docket:	A-105-10
court:	NJ Supreme Court
decided:	2012-07-18
status:
citation:	210 N.J. 597 46 A.3d 1272
Document Size:	73714

4 FELICIANO PRATTS v. CHRISTINE A. HULME and MARY C. WILSON -- rank: 911

... not governed by the two-year statute of limitations provision, N.J.S.A. 39:6A-13.1, found in the New Jersey Automobile Reparation Reform Act ... that the Act's two-year statute-of-limitations provision, N.J.S.A. 39:6A-13.1, barred any relief to American because Pratts never filed ... later than two years after the last payment of benefits. [ N.J.S.A. 39:6A-13.1(a).] (continued) (continued) 14 A-2773-06T1 December 20 ...

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

5 COALITION FOR QUALITY HEALTH CARE, et al. v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, DIVISION OF INSURANCE, -- rank: 892

... not comply with all requests for medical records, pursuant to N.J.S.A. 39:6A-13.     Compliance with these statutory and regulatory requirements is critical to ...

docket:	a3312-99
court:	njappellate
decided:	2002-03-04
status:	published
citation:	348 N.J. Super. 272
Document Size:	102897

6 ROSA APONTE CORREA, ET AL S ALLSTATE INSURANCE CO. -- rank: 879

... that it was barred by the applicable statute of limitations, N.J.S.A. 39:6A-13.1a. We reverse.           N.J.S.A. 39:6A-13.1a consists of two parts, a proviso and the language ... year period of limitations established by the first part of N.J.S.A. 39:6A-13.1a were measured from the plaintiff's first expense, the ... about. Because we did “not think that the Legislature, in N.J.S.A. 39:6A-13.1, was concerned with barring actions for claims voluntarily paid ... second part of the statute. We stated:             The proviso in N.J.S.A. 39:6A-13.1 . . . does not narrow plaintiff's rights under the statute ... period for bringing suit established by the first part of N.J.S.A. 39:6A-13.1a should be measured from the date on which ...

docket:	a3469-97
court:	njappellate
decided:	1999-01-15
status:	published
citation:	317 N.J.Super. 597
Document Size:	24142

7 ISMAEL CRUZ-DIAZ v. PETER J. HENDRICKS -- rank: 829

... was time barred, pursuant to the PIP statute of limitations. N.J.S.A. 39:6A-13.1. We affirm, rejecting plaintiff's argument that payment of ... Medical Transport took plaintiff to the examination. As required by N.J.S.A. 39:6A-13(d), Liberty Mutual paid Tech Medical Transport. The last such ... against it, arguing that the suit was time barred under N.J.S.A. 39:6A-13.1. Plaintiff opposed the motion on three grounds: 1) the ... statute of limitations expired on April 3, 2004 pursuant to N.J.S.A. 39:6A-13.1, which requires that actions to recover PIP benefits be ... within the meaning of the No Fault Act. We disagree. N.J.S.A. 39:6A-13.1 requires that an action for PIP benefits: [S]hall ... the transportation cost and his PIP deductible was not charged. N.J.S.A. 39:6A-13(d) requires an insurer to bear the cost associated ...

docket:	a4608-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-10
status:	published
citation:	409 N.J. Super. 268 976 A.2d 1092
Document Size:	38753

8 Rosa Aponte-Correa v. Allstate Insurance Company -- rank: 797

... later than 2 years after the last payment of benefits.              [ N.J.S.A. 39:6A-13.1a See footnote 1 1 (emphasis added).]     The unitalicized or ... protection of the statute of limitations provision of the Act, N.J.S.A. 39:6A-13.1a. Allstate contended that plaintiff's claim was time-barred ... later than 2 years after the last payment of benefits. [ N.J.S.A. 39:6A-13.1a.] The wording is indeed complex; that alone, however, does ... round of treatment and therapy. Asserting the familiar bar of N.J.S.A. 39:6A-13.1a, the insurer rejected the plaintiff's benefit claim for ... refers only to a injured person who “ incurs an expense.” N.J.S.A. 39:6A-13.1a (emphasis added). Injured persons incur expenses upon receipt of ... X     JUSTICE VERNIERO     X   TOTALS   4   2   Footnote: 1      1      N.J.S.A. 39:6A-13.1a was amended in 1998. The amendments to that ...

docket:	a-82-98
court:	njsupreme
decided:	2000-02-01
status:
citation:	162 N.J. 318
Document Size:	64523

9 ZORAIDA RAMOS v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 702

... Allstate) because it was filed beyond the time required by N.J.S.A. 39:6A-13.1(a). We affirm. On November 4, 2004, plaintiff was ... dismissed because it was filed beyond the time prescribed by N.J.S.A. 39:6A-13.1(a). The trial court considered the matter on December ... payment was on November 7, 2006, plaintiff was required by N.J.S.A. 39:6A-13.1(a) to file her complaint within two years of ... a claim for PIP benefits beyond the time prescribed by N.J.S.A. 39:6A-13.1(a). The court stated that plaintiff and her attorney ... court erred by finding that her complaint was barred by N.J.S.A. 39:6A-13.1(a). The statute provides in pertinent part that actions ... The insurer denied her claim for PIP benefits, relying upon N.J.S.A. 39:6A-13.1. Ibid. The plaintiff brought suit about fifteen months ...

docket:	a2131-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	22711

10 AMERICAN INTERNATIONAL INSURANCE COMPANY OF DELAWARE v. 4M INTERPRISE, INC -- rank: 696

... claim for reimbursement was filed beyond the time permitted by N.J.S.A. 39:6A-13.1. 4 This statute applies to claims made by an ... A. 39:6A-3.1, -3.3, -4 and -10. N.J.S.A. 39:6A-13.1. It does not apply to claims under a liability ...

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

11 LINDSAY SALOMON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY -- rank: 696

... the accident/two years of any uncompensated expense pursuant to N.J.S.A. 39:6A-13.1(a)." 1 The complaint was not filed either within ... s claims were barred by the applicable statute of limitations, N.J.S.A. 39:6A-13.1(a). Plaintiff filed opposition, together with a cross-motion ... complaint had not been filed within the time required by N.J.S.A. 39:6A-13.1(a). The judge accordingly entered an order dated January ... whether plaintiff filed her lawsuit within the time prescribed by N.J.S.A. 39:6A-13.1(a). The statute provides that: [e]very action for ... Ins. Co. , 162 N.J. 318 (2000), the Court interpreted N.J.S.A. 39:6A-13.1(a) to mean that an action for PIP benefits ... did not file her lawsuit within the time prescribed by N.J.S.A. 39:6A-13.1(a). Affirmed. 1 The trial judge determined that, ...

docket:	a3179-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-22
status:	unpublished
citation:
Document Size:	25360

12 DIANA BRYANT v. OHIO CASUALTY INSURANCE COMPANY -- rank: 689

... plaintiff to file her complaint within the time prescribed by N.J.S.A. 39:6A-13.1a. The issue presented is whether the limitations period under ... on the basis that the matter was time barred under N.J.S.A. 39:6A-13.1a because the complaint had been filed more than two ... trial court erred by finding that the limitations period under N.J.S.A. 39:6A-13.1a ran from the date of issuance of the check ... a check is insufficient to trigger the statute of limitations. N.J.S.A. 39:6A-13.1a provides in pertinent part: Every action for the payment ... later than two years after the last payment of benefits. [ N.J.S.A. 39:6A-13.1a (emphasis added).] We previously interpreted the phrase "payment of ...

docket:	a5191-03
court:	njappellate
decided:	2005-06-30
status:	published
citation:	378 N.J. Super. 603
Document Size:	37499

13 ABDUL H. MUHAMMAD v. ELIZABETH YELLOW CAB INC -- rank: 686

... that the loss or expense was caused by the accident. N.J.S.A. 39:6A-13.3 (emphasis added). According to plaintiff's submissions, plaintiff last ... conclusions de novo. Henry , supra , 204 N.J. at 330. N.J.S.A. 39:6A-13.1, provides in pertinent part: a. Every action for the ...

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

14 THE BACK INSTITUTE v. HIGH POINT INSURANCE -- rank: 680

... alternative resolution. Plaintiff premised this argument on the fact that N.J.S.A. 39:6A-13(d) and N.J.A.C. 11:3-4.7 ... We agree with Judge Vena's analysis of the law. N.J.S.A. 39:6A-13(d) and N.J.A.C. 11:3-4.7 ...

docket:	a2721-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-25
status:	unpublished
citation:
Document Size:	31059

15 STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. VS EILEEN CROCKER -- rank: 670

... N.J.S.A. 39:6A-6 (collateral source provisions); N.J.S.A. 39:6A-13.1 (statute of limitations). We cannot conceive that the Legislature ...

docket:	a3686-94
court:	njappellate
decided:	1996-03-08
status:	published
citation:	288 N.J.Super. 250
Document Size:	18572