KAPLOWITZ v. STATE FARM MUTUAL AUTOMOBILE INS. CO.


201 N.J. Super. 593 (1985)

493 A.2d 637

DAVID KAPLOWITZ, AN INFANT BY HIS GUARDIAN AD LITEM, IRENE KAPLOWITZ AND IRENE KAPLOWITZ, INDIVIDUALLY, PLAINTIFFS, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, DEFENDANT.

Superior Court of New Jersey, Law Division Middlesex County.

Decided February 11, 1985.


Attorney(s) appearing for the Case

Willard Geller for plaintiffs (Picone & Geller, attorneys).

Ralph E. Stubbs for defendant (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys).


SKILLMAN, J.S.C.

The issue presented by this case is whether a juvenile who steals an automobile to take a joyride and is involved in an accident may be excluded from personal injury protection (PIP) benefits under the No Fault Act. N.J.S.A. 39:6A-1 et seq.

Plaintiff, David Kaplowitz, then 15 years old, went to Metro Park train station with a friend to break into cars. The boys found a key in the glove compartment of a car and drove it around...

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