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COZZI v. GOVERNMENT EMPLOYEES INSURANCE CO.

154 N.J. Super. 519 (1977)

381 A.2d 1235

ALFRED M. COZZI AND JULIET P. COZZI, PLAINTIFFS-APPELLANTS, v. GOVERNMENT EMPLOYEES INSURANCE CO., DEFENDANT-RESPONDENT, AND ALFRED M. COZZI AND JULIET P. COZZI, PLAINTIFFS-APPELLANTS, v. LIBERTY MUTUAL INSURANCE COMPANY AND GOVERNMENT EMPLOYEES INSURANCE CO., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 1977.

Attorney(s) appearing for the Case

Mr. Joseph Buttafuoco argued the cause for appellants (Mr. Alfred J. Cozzi, attorney).

Mr. Adam T. Adams argued the cause for respondent Government Employees Insurance Co. (Messrs. Hansen, Pantages, Sellar & Zavesky, attorneys).

Ms. Joan B. Sherman argued the cause for respondent Liberty Mutual Insurance Company.

Before Judges ALLCORN, MORGAN and HORN.

The opinion of the court was delivered by MORGAN, J.A.D.

The issue on this appeal concerns which of two insurance carriers, if either, is liable to plaintiffs pursuant to their medical payments coverage for personal injuries plaintiffs sustained in an automobile accident. The amount in dispute is $1304. The trial judge, by way of summary judgment, exonerated both carriers from liability. Plaintiffs appeal.

The controlling facts are not in dispute. Plaintiffs...

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