FEDERAL INS. CO. v. LIBERTY MUTUAL INS. CO.


190 N.J. Super. 605 (1983)

464 A.2d 1197

FEDERAL INSURANCE COMPANY, CHUBB/PACIFIC INDEMNITY GROUP, DEFENDANT-THIRD PARTY PLAINTIFF-APPELLANT, v. LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT-THIRD PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 1983.


Attorney(s) appearing for the Case

John J. Scanlon argued the cause for appellant.

John F. O'Donnell argued the cause for respondent (Joan B. Sherman, attorney; John F. O'Donnell, on the brief).

Before Judges BOTTER, POLOW and BRODY.


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

This appeal involves a dispute between two insurance companies over the obligation for PIP (personal injury protection) benefits claimed by plaintiff, Dr. Ellmers, who was injured in a one-car accident. At the time, Dr. Ellmers was driving a leased car insured by Liberty Mutual Insurance Company (Liberty). By operation of law, N.J.S.A. 39:6A-2(g), he was also a named insured under the Federal Insurance...

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