INGERSOLL v. AETNA CAS. & SUR. CO.


138 N.J. 236 (1994)

649 A.2d 1269

BONNIE INGERSOLL, PLAINTIFF, AND BRIAN LIHOU, PLAINTIFF-APPELLANT, v. AETNA CASUALTY AND SURETY COMPANY, A/K/A AETNA LIFE AND CASUALTY, A/K/A AETNA, DEFENDANT-RESPONDENT, AND THE NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, HERBERT E. GASKILL INSURANCE AGENCY, HERBERT E. GASKILL, JR., AND JOHN DOE(S), A THROUGH Z, FICTITIOUS NAME(S), PERSON(S) OR UNDERWRITER(S), INDIVIDUALLY JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

The Supreme Court of New Jersey.

Decided December 13, 1994.


Attorney(s) appearing for the Case

Gary D. Ginsberg argued the cause for appellant (Mr. Ginsberg, attorney; Brian P. O'Connor, on the brief).

John J. Dwyer argued the cause for respondent (Cozen and O'Connor, attorneys).


PER CURIAM.

The New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 to -35 (No-Fault Law), contains what is commonly known as an anti-stacking provision, N.J.S.A. 39:6A-4.2 (section 4.2). That statute prohibits recovery of personal-injury-protection (PIP) benefits under more than one automobile-insurance policy for injuries sustained in any one accident. The question posed by this appeal is whether that statutory prohibition against "stacking...

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