PRUDENTIAL PROP. & CAS. INS. v. NEW HAMPSHIRE INS. CO.


167 N.J. Super. 537 (1979)

401 A.2d 291

PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, AS SUBROGEES OF LEOLA NIXON AND WARREN NIXON, PLAINTIFF, v. NEW HAMPSHIRE INSURANCE COMPANY AND FIREMAN'S FUND INSURANCE COMPANIES, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 6, 1979.


Attorney(s) appearing for the Case

Mr. John P. Pieroni for plaintiff (Messrs. Enright, Porter & Leslie, attorneys).

Mr. Henry A. Larner for defendant New Hampshire Insurance Company (Messrs. Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys).

Mr. C. Kennon Hendrix for defendant Fireman's Fund (Mr. Roy D. Cummins, attorney).


GIBSON, J.S.C.

This motion for summary judgment involves a determination of the subrogation rights of an insurance carrier under § 9 of the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-9. Reimbursement is being sought for personal injury protection (PIP) benefits paid and to be paid as a result of an accident involving plaintiff's insured which occurred prior to January 1, 1975 but where benefits accrued both before and after that date....

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