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KUBIAK v. ALLSTATE INS. CO.

198 N.J. Super. 115 (1984)

486 A.2d 879

EDWARD KUBIAK, PLAINTIFF-APPELLANT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1984.

Attorney(s) appearing for the Case

Capizola & Fineman, P.A., attorneys for appellant; Darrell Fineman, on the brief.

William P. Doherty, Jr., attorney for respondent.

Before Judges McELROY, DREIER and SHEBELL.

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

This appeal from the entry of summary judgment again raises the issue of whether an insurance carrier may be liable for punitive damages for breach of its obligation to pay personal injury protection benefits.

Plaintiff, a quadraplegic, seeks punitive damages through an amended verified complaint alleging:

2. On September 15, 1982, Charles O...

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