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COLONIAL PENN. INS. CO. v. ALLSTATE INS. CO.

214 N.J. Super. 453 (1986)

519 A.2d 935

COLONIAL PENN INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1986.

Attorney(s) appearing for the Case

Joseph Buttafuoco, attorney for appellant.

Daniel Kaplinsky, attorney for respondent.

Before Judges O'BRIEN and LANDAU.

The opinion of the court was delivered by O'BRIEN, J.A.D.

At issue in this case is the effect of the adoption of N.J.S.A. 39:6A-4.2 upon N.J.S.A. 39:6A-11, as to contribution among insurers for PIP benefits paid to an insured. The trial judge ruled that N.J.S.A. 39:6A-4.2 had prospective application only and did not become operative until the day after the accident causing the injuries for which the PIP benefits were paid. Therefore, he ruled...

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