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MONTOYA v. GATEWAY INSURANCE COMPANY

168 N.J. Super. 100 (1979)

401 A.2d 1102

AURELIO MONTOYA, PLAINTIFF-RESPONDENT, v. GATEWAY INSURANCE COMPANY AND THE NEW JERSEY PROPERTY LIABILITY INSURANCE GUARANTY ASSOCIATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1979.

Attorney(s) appearing for the Case

Messrs. Soriano, Henkel, Stein & Gaydos, attorneys for appellants (Mr. Thomas W. Matthews on the brief).

Mr. Ned Kirsch, attorney for respondent (Mr. Terry L. Shapiro, of counsel and on the brief).

Before Judges FRITZ, BISCHOFF and MORGAN.

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

Does an illegal alien enjoy access to our courts and if so, does his illegal status bar him from enforcing the personal injury protection portions of his automobile liability policy? These issues, presented for our resolution, will be considered in the following factual and procedural context.

Plaintiff entered this country on November 6, 1971 as a "visitor for pleasure." His status thereafter is in...

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