JFK MEMORIAL HOSP. v. KENDAL


205 N.J. Super. 456 (1985)

501 A.2d 197

JFK MEMORIAL HOSPITAL, PLAINTIFF, v. CAROL KENDAL, AS ADMINISTRATRIX OF THE ESTATE OF WALTER L. AUSTIN AND THE ESTATE OF WALTER L. AUSTIN, DEFENDANT, v. ALLSTATE INSURANCE COMPANY, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

Decided September 6, 1985.


Attorney(s) appearing for the Case

Robert K. Cowles for plaintiff (Slater & Tenaglia, attorneys).

Uri Hugo Taenzer for defendant Walter L. Austin (Taenzer, Friedman & Ettenson, attorneys).

Gary F. Piserchia for third-party defendant Allstate (Parker, McCay & Criscuolo, attorneys).


HAINES, A.J.S.C.

Walter Austin died. The treating physician was of the opinion that death resulted from a cerebrovascular accident which occurred when he was driving an automobile. His estate claims PIP benefits from the Allstate Insurance Company which insured the automobile. Allstate defends on the ground that the decedent's accident is not covered by the applicable section of the PIP statute, N.J.S.A. 39:6A-4, which provides PIP coverage when injuries occur...

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