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RUSSELL v. RUTGERS CAS. INS. CO.

234 N.J. Super. 175 (1989)

560 A.2d 708

ALICE RUSSELL AND RALPH RUSSELL, PLAINTIFFS-RESPONDENTS, v. RUTGERS CASUALTY INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1989.

Attorney(s) appearing for the Case

Stacey R. Sack argued the cause for appellant.

Susan L. Uttal argued the cause for respondent (Richard L. Group, on the brief).

Before Judges PRESSLER, O'BRIEN and SCALERA.

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

At issue in this case is whether an insurance carrier providing personal injury protection benefits (PIP) to its insured is required to pay as a part of medical expenses a hospital bill computed pursuant to a diagnosis related group (DRG) as required by N.J.A.C. 8:31B-5.1. The trial judge ruled that the insurance company is required to pay the full hospital bill so computed and awarded counsel fees pursuant...

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