PEARMAN v. UNSATISFIED CLAIM & JUDGM. FUND BD.


185 N.J. Super. 397 (1982)

448 A.2d 1043

MADIE PEARMAN, PLAINTIFF, v. UNSATISFIED CLAIM AND JUDGMENT FUND BOARD, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided May 20, 1982.


Attorney(s) appearing for the Case

Berenson, Kessler, Woodruff, DiGiovanni, attorneys for plaintiff (Frank DiGiovanni appearing).

Beattie & Padovano, attorneys for defendant (Jack Scher appearing).


THOMAS, J.S.C.

Can the uninsured operator of an uninsured auto recover personal injury protection (PIP) benefits from the Unsatisfied Claim and Judgment Fund (UCJ) after being negligently struck by an insured driver? The issue is raised here on cross-motions for summary judgment based upon stipulated facts. The answer is "No."

Plaintiff was involved in an automobile accident while operating a car with the permission of its owner. Neither plaintiff operator...

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