MAZUR v. SELECTED RISKS INS. CO.


233 N.J. Super. 219 (1989)

558 A.2d 508

STANLEY MAZUR, PLAINTIFF, v. SELECTED RISKS INS. CO., DEFENDANT-APPELLANT, AND KEN CURTIS, T/A KEN CURTIS AGENCY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1989.


Attorney(s) appearing for the Case

Bruce A. Wallace III, argued the cause for appellant (Capehart and Scatchard, attorneys, Bruce A. Wallace III on the brief).

Michael O. Kassak argued the cause for respondent Curtis, (White and Williams, attorneys, Michael O. Kassak, on the brief).

Kenneth G. Andres, Jr., argued the cause for respondent Mazur (Segal, Andres and Kelley, attorneys, Kenneth G. Andres, Jr., on the letter brief).

Before Judges PRESSLER, SCALERA and STERN.


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

Plaintiff Stanley Mazur (Mazur) was injured in an automobile accident in 1984. Thereafter, he sought payment from Selected Risks Insurance Company (Selected) for personal injury protection (PIP) benefits. Selected denied Mazur's request because his vehicle was insured under a commercial policy, and as such, there was no provision for PIP benefits.

Mazur instituted this suit against Selected to recover...

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