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ROIG v. KELSEY

262 N.J. Super. 579 (1993)

621 A.2d 540

MICHAEL ROIG, PLAINTIFF-RESPONDENT, v. DAVID T. KELSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1993.

Attorney(s) appearing for the Case

Vincent Jesuele argued the cause for appellant (Kessler, Digiovanni & Jesuele, attorneys; Mr. Jesuele, on the brief).

Anthony Bartell argued the cause for respondent (McCarter & English, attorneys; Andrew T. Berry, of counsel; Mr. Bartell, on the brief).

Before Judges BILDER, BAIME and WALLACE.

The opinion of the court was delivered by WALLACE, J.S.C. (temporarily assigned).

In this appeal we are asked to consider whether N.J.S.A. 39:6A-12 prohibits recovery of the medical deductible and copayment under a personal injury protection (PIP) policy. We conclude that so long as the injured party qualifies to bring suit under the relevant No-Fault insurance policy, he or she may include in that action against the tortfeasor the amount of the

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