MUSCHETTE v. GATEWAY INSURANCE CO.


149 N.J. Super. 89 (1977)

373 A.2d 406

MILTON J. MUSCHETTE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF ROSE LEE MUSCHETTE, DECEASED, PLAINTIFF-RESPONDENT, v. THE GATEWAY INSURANCE CO., AN INSURANCE COMPANY DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT. MILTON J. MUSCHETTE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF ROSE LEE MUSCHETTE, DECEASED, PLAINTIFF-RESPONDENT, v. THE GATEWAY INSURANCE CO., AN INSURANCE COMPANY DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1977.


Attorney(s) appearing for the Case

Mr. Robert Alan Vort argued the cause for appellant.

Mr. Gerald Eisenstat argued the cause for respondent (Messrs. Shapiro, Eisenstat, Capizola, O'Neill & Gabage, attorneys).

Before Judges HALPERN, MICHELS and BOTTER.


PER CURIAM.

Defendant1 appeals from a judgment awarding plaintiff certain benefits under the personal injury protection (P.I.P.) provisions of its insurance policy. The policy insured Milton J. Muschette, his wife Rose Lee, and their automobile. It is conceded that the policy provided "additional" P.I.P. coverage (N.J.S.A. 39:6A-4) as well as the additional first-party coverage (Option 5), made available as required by N.J.S...

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