Rutgers Casualty Insurance v. New Jersey Manufacturers Insurance
Rutgers Casualty Insurance v. New Jersey Manufacturers Insurance
Opinion of the Court
Carmen Klass was eligible for no fault PIP benefits as an “eligible injured person” under New Jersey Manufacturers’ (NJM) policy covering the car in which she was riding and the Rutgers Casualty (Rutgers) policy in which she was named insured. Rutgers appeals from the grant of summary judgment to NJM dismissing Rutgers’ declaratory judgment action seeking equitable pro-rata contribution from NJM and requiring its 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.A. 39:6A-4.2 (section 4.2) has no effect on NJM’s obligations under section 11.
NJM defends the summary judgment under N.J.S.A 39:6A-4.2, contending that our opinion in USF & G v. Industrial Indem. Co., 264 N.J.Super. 379, 624 A.2d 1014 (App.Div. 1993), is distinguishable because the injured person there was not a named insured under either policy (whereas here she is a named insured under the Rutgers policy) and that, in any event, our approval in USF & G of Cokenakes v. Ohio Casualty Ins. Co., 208 N.J.Super. 308, 313-14, 505 A.2d 243 (Law Div. 1985), was erroneous as a matter of policy and legislative intent.
NJM contends that section 4.2 makes the named insured’s carrier solely responsible unless the PIP benefits are exhausted;
Reversed.
Reference
- Full Case Name
- RUTGERS CASUALTY INSURANCE COMPANY v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-RESPONDENT
- Cited By
- 4 cases
- Status
- Published