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LIND v. INSURANCE CO. OF NORTH AMERICA

174 N.J. Super. 363 (1980)

416 A.2d 922

LOVELLA LIND AND EDWARD O. LIND, JR., INDIVIDUALLY AND AS GUARDIANS FOR EDWARD O. LIND, III, A MINOR, PLAINTIFFS, v. INSURANCE COMPANY OF NORTH AMERICA, DEFENDANTS.

Superior Court of New Jersey, Law Division Atlantic County.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Richard Press, for plaintiffs (Valore, McAllister, Aron & Westmoreland, attorneys).

John Aleli, for defendants (Lloyd, Megargee, Steedle, Youngblood & Franklin, attorneys).

GIBSON, J.S.C.

This is an action for personal injury protection (PIP) benefits. Cross-motions for summary judgment have been filed which call into question the effect of N.J.S.A. 39:6A-13.1(a), the limitations provision of the New Jersey "No-Fault Law" (Automobile Reparation Reform Act), N.J.S.A. 39:6A-1 et seq. The material facts are not in dispute and the matter is ripe for disposition by the court. R. 4:46-2.

On October 12, 1974...

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