Search Rutgers Law Library N.J. Court Opinions

1 Denise A. Perrelli v. Bridget Pastorelle -- rank: 1000

... review other sections of title 39 on compulsory automobile insurance. N.J.S.A. 39:6A-7(b)(1) precludes collection of PIP benefits by a person ... that the plaintiffs could not recover PIP benefits pursuant to N.J.S.A. 39:6A-7(b)(1) because they regularly drove their own uninsured vehicles ... her carrier because her policy had been cancelled, see also N.J.S.A. 39:6A-7(b)(1); but she insists that she is entitled to ... insurance law, which are designed to achieve the same result. N.J.S.A. 39:6A-7 states: b. An insurer may also exclude from benefits . . . any ... State that was being operated without personal injury protection coverage. [ N.J.S.A. 39:6A-7(b)(1) (emphasis added).] 5 Our courts have precluded a person from collecting PIP benefits under N.J.S.A. 39:6A-7(b)(1) simply because he or she was the ...

docket:	A-22-10
court:	NJ Supreme Court
decided:	2011-06-01
status:
citation:
Document Size:	76489

2 Tyrell Hardy v. Humza Abdul-Matin, et al., and Liberty Mutual Ins. Co. -- rank: 947

... insurance policy with an exclusion that tracks the language of N.J.S.A. 39:6A-7(b)(2), which authorizes insurers to deny benefits to someone ... the language of the exclusion in the policy and in N.J.S.A. 39:6A-7 could be read otherwise, it would be appropriate to read ... Court granted Liberty’s petition. HELD: The unambiguous language in N.J.S.A. 39:6A-7(b)(2) and the Liberty Mutual insurance policy make it ... 2. The Liberty insurance policy exclusion tracks the language of N.J.S.A. 39:6A-7(b)(2), which authorizes insurers to deny benefits to someone ... insurance policy with an exclusion that tracks the language of N.J.S.A. 39:6A-7(b)(2), which authorizes insurers to deny benefits to someone ... the language of the exclusion in the policy and in N.J.S.A. 39:6A-7 could be read otherwise, it would be appropriate to ...

docket:	a-112-07
court:
decided:	2009-03-05
status:
citation:	198 N.J. 95
Document Size:	55852

3 Caviglia v. Royal Tours of America -- rank: 877

... Back , 330 N.J. Super. 172 , 180 (Law Div. 1998). N.J.S.A. 39:6A-7 denied PIP benefits to those persons whose intentional or criminal ...

docket:	a-72-02
court:	njsupreme
decided:	2004-02-19
status:
citation:	178 N.J. 460
Document Size:	73987

4 FEDERICO BENCOSME v. JOSEPH KANNANKARA -- rank: 836

... J. 95, the Court interpreted another part of the Act, N.J.S.A. 39:6A-7(b)(2), which bars individuals from recovering PIP benefits if ... Hardy suffered injuries in an automobile accident and argued that N.J.S.A. 39:6A-7(b)(2) should not bar his claims because he was ... finding that because the Legislature included a scienter requirement in N.J.S.A. 39:6A-7(a) but omitted it from N.J.S.A. 39:6A-7(b), N.J.S.A. 39:6A-7(b) could not be properly interpreted to include a scienter ... ownership of an uninsured automobile rendered him "culpably uninsured" under N.J.S.A. 39:6A-7(b), but also finding that plaintiff's claims were ...

docket:	a1672-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	unpublished
citation:
Document Size:	42650

5 MELANIE WALCOTT v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 819

... both parties cross-moved for summary judgment. Plaintiff argued that N.J.S.A. 39:6A-7, which does not contain the DWI disqualification. The judge disagreed ... 362; Caviglia , supra , 178 N.J. at 468. In particular, N.J.S.A. 39:6A-7 denied PIP benefits to those persons whose intentional or criminal ... Legislature refused to extend the exclusion from benefits contained in N.J.S.A. 39:6A-7 to a drunk driver. Consistent therewith, we have repeatedly indicated ... coverage, N.J.S.A. 39:6A-4.5 and N.J.S.A. 39:6A-7 should be read together in a way that accomplishes this ... liability or fault of any kind except as provided by N.J.S.A. 39:6A-7, or that this exclusive remedy for recovery of medical expenses ...

docket:	a5569-03
court:	njappellate
decided:	2005-04-13
status:	published
citation:	376 N.J. Super. 384
Document Size:	26511

6 STEPHANIE JOSEPHS v. CHRISTINA M. HEPP -- rank: 758

... were not involved in the accident. Ibid. We held that N.J.S.A. 39:6A-7(b)(1) precluded the plaintiff from receiving PIP benefits or ...

docket:	a1474-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-20
status:	Unpublished
citation:
Document Size:	31346

7 Rutgers Casualty Insurance Company v. The Ohio Casualty Insurance Company -- rank: 740

... follow-the-family” exclusion nor the exclusion set forth in N.J.S.A. 39:6A-7 may be relied on to deny payment to an uncompensated ...

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

8 NORMA BLANCO-SANCHEZ v. PERSONAL SERVICE INSURANCE COMPANY -- rank: 737

... recovery under the No Fault Act for PIP benefits under N.J.S.A. 39:6A-7(b)(2) (authorizing the exclusion from coverage of any person ... Matin, 198 N.J. 95, 106 (2009) (Long, J., dissenting)). N.J.S.A. 39:6A-7 delineates specific individuals that 'insurers may exclude' from PIP coverage ... without the permission of the owner or other named insured.' N.J.S.A. 39:6A-7(b)(2). 'The statute clearly and unambiguously directs that an ... Hardy, 198 N.J. at 103 (emphasis in original) (quoting N.J.S.A. 39:6A-7(b)(2)). The clear language of the statute, therefore, authorizes ... its definition of that term [were] an unwarranted expansion of . . . [N.J.S.A. 39:6A-7's] limited exemptions.' Id. at 323-24. We disagreed and ...

docket:	a5393-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-28
status:	Unpublished
citation:
Document Size:	26064

9 /usr/local/share/www/libweb/collections/courts/appellate/a2101-19.opn.html -- rank: 737

... residency. [N.J.S.A. 39:6A-2(g).] However, N.J.S.A. 39:6A-7(b)(3) and (4) expressly permit an insurer to exclude ... insured' on another A-2101-19 14 policy. In addition, N.J.S.A. 39:6A-7(b)(3) permits an insurer to exclude a person from ... if he is the 'named insured' on another policy. See N.J.S.A. 39:6A-7(b). USAA argues that there is no distinction in the ... named insured on another policy. That exclusion is permitted under N.J.S.A. 39:6A-7(b)(3) and (4). Nothing in Lehrhoff suggests that an ... excluded him from the payment of PIP benefits pursuant to N.J.S.A. 39:6A-7(b). Accordingly, as to responsibility to provide PIP benefits to ...

docket:
court:
decided:
status:
citation:
Document Size:	34622

10 RUTGERS CASUALTY INS. CO. VS THE OHIO CASUALTY INS. CO. -- rank: 737

... paying carrier. We find this exclusion not in conflict with N.J.S.A. 39:6A-7, which sets forth the permissible, true exclusions of benefits to ...

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

11 DAVID STEVENSON VS STATE FARM INDEMNITY COMPANY & ET ALS -- rank: 725

... this record if the statutory defense of criminal participation in N.J.S.A. 39:6A-7 is available to the defendant insurance carriers, State Farm Indemnity ... the applicability of the statutory exclusion pertinent to criminal activity, N.J.S.A. 39:6A-7(a)(1). See footnote 3 III Stevenson v. State Farm ... of applicability of the statutory exclusion for persons committing crimes, N.J.S.A. 39:6A-7, was not presented to the Law Division judges for disposition ... and undeniable. V     We now turn to the implications of N.J.S.A. 39:6A-7, the statutory exclusion of PIP coverage for any person whose ... propelled by or from such automobile. [Emphasis supplied.] Footnote: 3 N.J.S.A. 39:6A-7(a)(1) states:             a. Insurers may exclude a person from ...

docket:	a2861-96
court:	njappellate
decided:	1998-05-14
status:	published
citation:	311 N.J.Super. 363
Document Size:	40318

12 DAVID STEVENSON VS STATE FARM INDEMNITY COMPANY & ET ALS -- rank: 725

... this record if the statutory defense of criminal participation in N.J.S.A. 39:6A-7 is available to the defendant insurance carriers, State Farm Indemnity ... the applicability of the statutory exclusion pertinent to criminal activity, N.J.S.A. 39:6A-7(a)(1). See footnote 3 III Stevenson v. State Farm ... of applicability of the statutory exclusion for persons committing crimes, N.J.S.A. 39:6A-7, was not presented to the Law Division judges for disposition ... and undeniable. V     We now turn to the implications of N.J.S.A. 39:6A-7, the statutory exclusion of PIP coverage for any person whose ... propelled by or from such automobile. [Emphasis supplied.] Footnote: 3 N.J.S.A. 39:6A-7(a)(1) states:             a. Insurers may exclude a person from ...

docket:	a4332-96
court:	njappellate
decided:	1998-05-14
status:	published
citation:	311 N.J.Super. 363
Document Size:	37592

13 Tyrell Hardy v. Humza Abdul-Matin, et al., and Liberty Mutual Ins. Co. -- rank: 696

... insurance policy with an exclusion that tracks the language of N.J.S.A. 39:6A-7 could be read otherwise, it would be appropriate to read ... the language of the exclusion in the policy and in N.J.S.A. 39:6A-7 could be read otherwise, it would be appropriate to read ... 418 (2008). II. Liberty argues that a plain reading of N.J.S.A. 39:6A-7 and the terms of the policy reveals that neither contains ... construed in a manner consistent with the statute. Ibid. B. N.J.S.A. 39:6A-7. Section 7(a) sets forth two ways in which a ...

docket:	a-112-07
court:
decided:	2009-03-05
status:
citation:	198 N.J. 95 965 A.2d 116
Document Size:	56872

14 HERIBERTO CABALLERO-GONZALEZ v. HARCO NATIONAL INSURANCE COMPANY -- rank: 664

... protection coverage.' Gibson, 261 N.J. Super. at 581 (quoting N.J.S.A. 39:6A-7(b)(1)); see Lilly, 246 N.J. Super. at 359 ...

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

15 WENDY ZUIDEMA et al. v. JAMES J. PEDICANO, M.D. et al. -- rank: 653

... intentional conduct, does not, however, mean defendant is precluded by N.J.S.A. 39:6A-7, or any other statute that we are aware of, from ... plaintiffs' insurance policies. The Legislature has limited the scope of N.J.S.A. 39:6A-7 to a defendant who, in connection with an accident, has ...

docket:	a3867-02
court:	njappellate
decided:	2004-11-24
status:	published
citation:	373 N.J. Super. 114
Document Size:	27850