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JAMES EX REL. ROBERTSON v. ALLSTATE INS. CO.

201 N.J. Super. 299 (1985)

493 A.2d 28

NATHAN JAMES, AN INFANT BY HIS GUARDIAN AD LITEM, LENDIA ROBERTSON, AND LENDIA ROBERTSON, INDIVIDUALLY, PLAINTIFFS, v. ALLSTATE INSURANCE CO., DEFENDANT-APPELLANT, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1985.

Attorney(s) appearing for the Case

Richard P. Maggi argued the cause for appellant (McDermott, McGee & Ruprecht, attorneys; Richard M. Tango and Richard P. Maggi, of counsel and on the brief).

Vincent A. Vitiello argued the cause for respondent (Vitiello & Seltzer, attorneys; Kenneth A. Seltzer, of counsel and on the brief).

Jack L. Cohen, for plaintiffs, submitted a Letter of Non-Participation.

Before Judges PRESSLER, BRODY and COHEN.

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

This is an appeal from a judgment entered in a declaratory judgment action brought on behalf of the infant plaintiff to adjudicate the respective liability of two automobile liability insurers to afford him personal injury protection benefits (PIP) for injuries he sustained when, as a pedestrian, he was struck by an insured automobile.

N.J.S.A. 39:6A-4 requires every automobile liability policy...

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