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MATTHEWS v. READY

255 N.J. Super. 325 (1992)

605 A.2d 261

KENNETH MATTHEWS, PLAINTIFF-RESPONDENT, v. HENRY READY AND PATRICIA ZOMIES, DEFENDANTS. (UNSATISFIED CLAIM AND JUDGMENT FUND, APPELLANT).

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1992.

Attorney(s) appearing for the Case

Rose Mary Marella argued the cause for appellant (Tomlin, Clark and Hoplin, attorneys).

John F. Strazzullo argued the cause for respondent.

Before Judges J.H. COLEMAN and STERN.

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

This appeal requires us to decide if a pedestrian injured by an uninsured vehicle can collect benefits from the Unsatisfied Claim and Judgment Fund (the Fund) if the notice of claim is filed within 15 days of discovery that insurance coverage had been canceled prior to the accident for non-payment of a premium. We must decide the issue in circumstances where plaintiff relied upon a police report which included...

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