GARGIULO v. RUTGERS CAS. INS. CO.


265 N.J. Super. 225 (1993)

626 A.2d 78

ROBERT GARGIULO, PLAINTIFF, v. RUTGERS CASUALTY INSURANCE COMPANY, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT, v. UNSATISFIED CLAIM AND JUDGMENT FUND, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 10, 1993.


Attorney(s) appearing for the Case

Robert J. Del Tufo, Attorney General, attorney for appellant (Joseph L. Yannotti, Assistant Attorney General, of counsel; Lisa R. Levine, Deputy Attorney General, on the brief and reply letter brief).

Daniel Friedman, attorney for respondent.

Before Judges J.H. COLEMAN, SHEBELL and ARNOLD M. STEIN.


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

Plaintiff, Robert Gargiulo, suffered injuries in an automobile accident resulting in the amputation of his left leg. He instituted an action for personal injury protection (PIP) benefits asserting that he needed a wheelchair and alterations to his home to insure accessibility. Although his PIP carrier, Rutgers Casualty Insurance Company (Rutgers), provided plaintiff with a wheelchair, it refused his request...

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