Search Rutgers Law Library N.J. Court Opinions

1 K. Johnson v. Roselle EZ Quick LLC -- rank: 1000

... this appeal, the Court considers whether a 2011 amendment to N.J.S.A. 39:6A-9.1 (2011 amendment), which allows a personal injury protection (PIP) provider ... PIP benefits that it paid to plaintiff. GEICO relied on N.J.S.A. 39:6A-9.1, as it was written prior to the 2011amendment, and the ... Quick on his claim for bodily injury. GEICO relied on N.J.S.A. 39:6A-9.1, prior to the 2011 amendment. Plaintiff asserted that GEICO was ... 2:2-1(a)(2). HELD: The 2011 amendment to N.J.S.A. 39:6A-9.1 does not expressly or implicitly present any of the factors ... through subrogation. As a result, in 1983, the Legislature enacted N.J.S.A. 39:6A-9.1, which expressly permits an automobile insurer to obtain reimbursement of ... legislative disapproval. (pp. 12-17) 2. The 2011 amendment to N.J.S.A. 39:6A-9.1 was intended to reverse the holding in Fernandez , by ...

docket:	a-33-14
court:	New Jersey Supreme Court
decided:	2016-01-05
status:
citation:
Document Size:	107061

2 LORRAINE DAVID v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al. -- rank: 948

... N.J.S.A. 39:6A-5. In pertinent part, N.J.S.A. 39:6A-9.1 provides as follows:                  An insurer . . . paying benefits pursuant to [39 ... o.b. , 72 N.J. 348 (1977) (deciding claim under N.J.S.A. 39:6A-9.1, was adopted to supersede, "at least in certain circumstances[,]" the ... on which the parties have submitted supplemental briefs, is whether N.J.S.A. 39:6A-9.1 applies to a case such as this one, where the ... New Jersey residents, though it plainly could have done so.      N.J.S.A. 39:6A-9.1 refers, moreover, to the "deemer" statute, N.J.S.A ... provided that such motorists are not within the scope of N.J.S.A. 39:6A-9.1, the necessary inference is that out-of-state motorists whose ... to the deemer statute are subject to the procedures of N.J.S.A. 39:6A-9.1. In other words, in drafting N.J.S.A. ...

docket:	A1983-01
court:	NJ Superior Court Appellate Division
decided:	2003-05-08
status:	published
citation:	360 N.J. Super. 127 821 A.2d 564
Document Size:	60735

3 UNSATISFIED CLAIM & JUDGMENT FUND BOARD V. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 917

... Appellate Division, the Fund argued that the combined effect of N.J.S.A. 39:6A-9.1 (section 9.1 of the No-Fault Law), and discussion ... 6-86.6 (section 86.6 of the Fund Law), N.J.S.A. 39:6A-9.1 (section 9.1 of the No-Fault Law), and dicta ... coverage or 2) although required, failed to carry PIP coverage. N.J.S.A. 39:6A-9.1. The first class refers to insured commercial or public vehicles ... to maintain [PIP] * * * coverage * * * under the laws of this State * * * ." N.J.S.A. 39:6A-9.1. Here, the alleged tortfeasor, Zane, drove a private-passenger automobile ...

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

4 State Farm Mutual Automobile Insurance Company v. Licensed Beverage Insurance Exchange -- rank: 895

... issue on appeal is whether, pursuant to the reimbursement provision, N.J.S.A. 39:6A-9.1 of the New Jersey Automobile Reparation Reform Act, a tavern ... Supreme Court granted certification. HELD:     The reimbursement right conferred by N.J.S.A. 39:6A-9.1 encompasses all tortfeasors that are not subject to the No ... the New Jersey Automobile Reparation Reform Act's reimbursement provision, N.J.S.A. 39:6A-9.1, who is potentially responsible for reimbursing personal injury protection (PIP ... App. Div. 1993), submitted the issue of reimbursement, pursuant to N.J.S.A. 39:6A-9.1, to arbitration. The order requiring arbitration was appealed, and in ... to recover those payments pursuant to the PIP reimbursement statute, N.J.S.A. 39:6A-9.1.     On March 18, 1994, the trial court heard arguments on ... limitation.     On appeal, State Farm argued that the language of N.J.S.A. 39:6A-9.1 (emphasis added).]     The LBIE argues that its insured, the ...

docket:	a-90-95
court:	njsupreme
decided:	1996-07-31
status:
citation:	146 N.J. 1
Document Size:	45567

5 KARON K. JOHNSON v. ROSELLE EZ QUICK LLC -- rank: 890

... 2011, GEICO filed a cross-claim seeking PIP reimbursement under N.J.S.A. 39:6A-9.1 from all other defendants. On February 22, 2012, GEICO filed ... of review. III. Plaintiff argues the January 2011 amendment to N.J.S.A. 39:6A-9.1 applies and bars GEICO's attempt to get PIP reimbursement ... ruled that the amendment did not apply retroactively. Since 1983, N.J.S.A. 39:6A-9.1 in the New Jersey Automobile Reparation Reform Act, N.J ... lacking PIP coverage for drivers. Prior to January 28, 2011, N.J.S.A. 39:6A-9.1 provided for recovery from the torfeasor's insurer as follows ... 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 ... insured tortfeasor's motor vehicle or other liability insurance policy. [ N.J.S.A. 39:6A-9.1(b).] It is undisputed that GEICO's request for ...

docket:	a4244-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-08-25
status:	Published
citation:
Document Size:	70247

6 LIBERTY MUTUAL INSURANCE COMPANY v. PENSKE TRUCK LEASING, CO. -- rank: 890

... with the statutory right to seek reimbursement against certain tortfeasors. N.J.S.A. 39:6A-9.1. If the tortfeasor is insured, the determination whether the insurer ... compel CEVA to arbitrate the PIP benefit reimbursement claim citing N.J.S.A. 39:6A-9.1. CEVA opposed that motion, contending that its driver, Kika, was ... to receive would be determined at arbitration in accordance with N.J.S.A. 39:6A-9.1. Thus, in an order dated June 4, 2018, the trial ... is whether Section 9.1 of the No-Fault Act, N.J.S.A. 39:6A-9.1, compels arbitration of the question whether a party is A ... The Legislature responded in 1983 by enacting Section 9.1. N.J.S.A. 39:6A-9.1; L. 1983, c. 362, § 20. That provision allows automobile ... be paid only after satisfaction of that personal injury claim. N.J.S.A. 39:6A-9.1; L. 2011, c. 11, § 1. Currently, subsection (a) ...

docket:	a5624-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-23
status:	Published
citation:	459 N.J.Super. 223 208 A.3d 888
Document Size:	30742

7 New Jersey Transit Corporation v. Sandra Sanchez -- rank: 878

... as may be required in an action brought pursuant to [N.J.S.A. 39:6A-9.1], evidence of the amounts collectible or paid under a standard ...

docket:	a-68-18
court:	NJ Supreme Court
decided:	2020-05-12
status:
citation:
Document Size:	108237

8 SELECTIVE INSURANCE COMPANY OF AMERICA v. MICHAEL J. AMBERG, et al. -- rank: 800

... alleging it was entitled to reimbursement from defendants pursuant to N.J.S.A. 39:6A-9.1 for all sums "paid or to be paid under collision ... in negotiations or arbitration despite repeated requests" in contravention of N.J.S.A. 39:6A-9.1 which "contemplates arbitration between PIP carriers . . . and the insurers of ... company, self-insured and not required to maintain PIP insurance, N.J.S.A. 39:6A-9.1 limited Selective's right of reimbursement to the "amount of ... judge erred in capping defendants' potential liability at $75,000. N.J.S.A. 39:6A-9.1 provides, Recovery from tortfeasor An insurer . . . paying benefits . . . as a ... limited, the motion judge relied upon the express language of N.J.S.A. 39:6A-9.1 to $75,000 because the UCJF has reimbursed Selective for ... not have the right to pursue a reimbursement action under N.J.S.A. 39:6A-9.1 because the statutory language then in existence limited the ...

docket:	a6640-04
court:	njappellate
decided:	2007-05-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	64219

9 AMERICAN INTERNATIONAL INSURANCE COMPANY OF DELAWARE v. 4M INTERPRISE, INC -- rank: 800

... State Farm , supra , 146 N.J. at 9 (noting that N.J.S.A. 39:6A-9.1 provides a primary right of reimbursement to an insurer not linked to any subrogation right); N.J.S.A. 39:6A-9.1 (providing a limitations period, with which AIG complied, 5 commencing ... 394-95 (App. Div. 2011) (holding that, for purposes of N.J.S.A. 39:6A-9.1, a claim is filed when the insured submits a claim ...

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

10 Joshua Haines v. Jacob W. Taft -- rank: 798

... brought pursuant to section 20 of L. 1983, c. 362 ([N.J.S.A.] 39:6A-9.1), evidence of the amounts collectible or paid under a standard ...

docket:	a-13-14-17
court:	NJ Supreme Court
decided:	2019-03-26
status:
citation:
Document Size:	102160

11 Sebastian Fernandez v. Nationwide Mutual Fire Insurance Company -- rank: 773

... 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 ... PIP benefits paid to Fernandez, together with interest, pursuant to N.J.S.A. 39:6A-9.1. On September 20, 2005, Nationwide received an arbitration award against ... the insurance proceeds of the third-party tortfeasor, pursuant to N.J.S.A. 39:6A-9.1, even when the amount of the tortfeasor's insurance is ... to justify reinterpretation of the No-Fault Law, 1 specifically N.J.S.A. 39:6A-9.1, to achieve a result different from that reached by the ... and PROFORMANCE INSURANCE COMPANY, Defendant. JUSTICE LONG, dissenting. Broadly described, N.J.S.A. 39:6A-9.1 provides that an insurer may recover, from a tortfeasor, personal ... That case was submitted to non-binding arbitration pursuant to N.J.S.A. 39:6A-9.1. In September 2005, Nationwide obtained an award against Proformance ...

docket:	a-54-08
court:	supreme
decided:	2009-07-16
status:
citation:
Document Size:	84266

12 MONIQUE ARTWELL v. SEA SCAPE LANDSCAPING LLC -- rank: 766

... the personal injury protection (PIP) benefits it paid pursuant to N.J.S.A. 39:6A-9.1, but which failed to formally pursue its right of reimbursement ... Metropolitan Direct Property and Casualty Insurance Company (Metropolitan) pursuant to N.J.S.A. 39:6A-9.1, and granting Metropolitan's cross-motion for summary judgment against ... be entered for Metropolitan on its claim for reimbursement under N.J.S.A. 39:6A-9.1 because "Farm Family was aware of the nature of the ... two-year limitations period applicable to PIP reimbursement claims under N.J.S.A. 39:6A-9.1. The issue before us, therefore, is whether the limitations period ... will guide our analysis. PIP reimbursement is strictly governed by N.J.S.A. 39:6A-9.1. IFA Ins. Co. v. Waitt , 270 N.J. Super 621 ... involved parties or, upon failing to agree, by arbitration. . . . 2 [ N.J.S.A. 39:6A-9.1.] The statute was not among the provisions contained in ...

docket:	a4324-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	35713

13 /usr/local/share/www/libweb/collections/courts/appellate/a3822-12a5568-12.opn.html -- rank: 754

... 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66033

14 /usr/local/share/www/libweb/collections/courts/appellate/a5568-12xx.opn.html -- 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	65068

15 LIBERTY MUTUAL INSURANCE COMPANY v. AMERICAN MILLENNIUM INSURANCE COMPANY -- rank: 739

... for reimbursement for benefits paid to Liberty's insured. See N.J.S.A. 39:6A-9.1 (Section 9.1). We affirm. These are the relevant facts ... t]he parties are compelled to attend arbitration pursuant to N.J.S.A. 39:6A-9.1 and Judge Ryan's 7/17/08 order." This appeal ... the involved parties or, upon failing to agree, by arbitration . [ N.J.S.A. 39:6A-9.1 (emphasis added).] This provision helps promote an important "goal of ... the involved parties or, upon failing to agree, by arbitration ." N.J.S.A. 39:6A-9.1 (emphasis added). Here, AMIC insured Zencar; Zencar sold an automobile ...

docket:	a0013-09
court:	superior court appellate division
decided:	2010-07-15
status:	Unpublished
citation:
Document Size:	57168