SMAUL v. IRVINGTON GENERAL HOSP.


209 N.J. Super. 592 (1986)

508 A.2d 1147

FELIX SMAUL, A/K/A EFIM SHMUYLOVICH, PLAINTIFF-RESPONDENT, v. IRVINGTON GENERAL HOSPITAL, MASOU MALEKZADEH, M.D., MASOUD MALIK, M.D., DR. RAYASAM; JOHN DOE AND RICHARD ROE (SAID NAMES BEING FICTITIOUS), DEFENDANTS, AND ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1986.


Attorney(s) appearing for the Case

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

Kenneth J. Fost argued the cause for respondent (Mark J. Bellotti, on the brief).

Before Judges PRESSLER, DREIER and BILDER.


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

On this appeal we are asked to consider whether injuries resulting from a criminal attack on the driver of a passenger car are covered by personal injury protection (PIP) benefits under an automobile liability policy. Defendant Allstate Insurance Company appeals from a summary judgment entered in favor of the plaintiff driver following a finding by the trial ...

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