MURPHY v. ALLSTATE INS. CO.


246 N.J. Super. 42 (1990)

586 A.2d 860

JOSEPH MURPHY, MARY ELLEN AGUNZO, AND DAVID KOTKES, PLAINTIFFS, v. ALLSTATE INSURANCE COMPANY, KENNETH D. MERIN, COMMISSIONER NEW JERSEY DEPARTMENT OF INSURANCE AND NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided December 7, 1990.


Attorney(s) appearing for the Case

Anthony M. Sellitto, Jr. for plaintiffs.

Francis X. Ryan for defendant New Jersey Automobile Full Insurance Underwriting Association (Green, Lundgren & Ryan attorneys).

Donald Parisi for defendant Kenneth D. Merin, Commissioner New Jersey Department of Insurance (Robert J. Del Tufo, Attorney General of New Jersey, attorney).


ROSALIE B. COOPER, J.S.C.

Before this court, in this case of first impression, are cross-motions for summary judgment for a declaration concerning the constitutionality, as of 1989, of N.J.S.A. 39:6A-8 of the New Jersey Automobile Reparation Reform Act commonly known, and hereafter referred to, as the "no fault" insurance law. N.J.S.A. 39:6A-1 et seq.

The underlying cause of action arose...

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