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CASSIDY v. MERIN

244 N.J. Super. 466 (1990)

582 A.2d 1039

HAROLD J. CASSIDY, ESQ., ROGER J. FOSS, ESQ., AND PHILLIP E. SAN FILIPPO, ESQ., INDIVIDUALLY AND D/B/A CASSIDY, FOSS & SAN FILIPPO, ESQS., PLAINTIFFS-RESPONDENTS, v. KENNETH D. MERIN, NEW JERSEY COMMISSIONER OF INSURANCE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1990.

Attorney(s) appearing for the Case

Stephen P. Tasy, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel, Stephen P. Tasy, on the brief).

Steven L. Kessel argued the cause for respondents (Drazin and Warshaw, attorneys; Steven L. Kessel, on the brief).

Before Judges PETRELLA, MUIR, Jr. and BROCHIN.

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

One of the 1988 legislative amendments to our no-fault automobile insurance law required automobile liability insurers to offer their insureds two alternative coverage options. One option barred an insured from recovery for "non-economic loss" that resulted from an automobile accident unless the insured had "sustained a personal injury which results in death; dismemberment; significant disfigurement; a fracture...

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