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MILTNER v. SAFECO INS. CO. OF AMERICA

175 N.J. Super. 156 (1980)

417 A.2d 1089

ERNEST H. MILTNER, JR. ET AL., PLAINTIFFS, v. SAFECO INSURANCE COMPANY OF AMERICA, DEFENDANT.

Superior Court of New Jersey, Law Division Union County.

June 26, 1980.

Attorney(s) appearing for the Case

James V. Higgins, for plaintiffs.

Frank Kunzier, for defendant (Robert F. Colquhoun, attorney).

GRIFFIN, J.S.C.

One of the questions raised in this action to enforce personal injury protection (PIP) benefits involved the burden of proof.

Plaintiff was injured in an automobile accident. Substantial medical expense and income continuation benefits were paid by defendant. N.J.S.A. 39:6A-4(a) and (b). About six months after the accident and three months after medical treatment had ceased, plaintiff again injured his back while cleaning up his back...

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