CHARLES MARTIN, PLAINTIFF,
v.
HOME INSURANCE COMPANY, DEFENDANT/THIRD-PARTY PLAINTIFF/RESPONDENT/CROSS-APPELLANT,
v.
UNSATISFIED CLAIM AND JUDGMENT FUND, THIRD-PARTY DEFENDANT/APPELLANT. EDITH M. ROBINSON, BY HER GUARDIAN, D. LEWIS MATTIE, AND PROGRESSIVE CASUALTY INSURANCE CO., PLAINTIFFS/RESPONDENTS, AND TERESA L. MATTIE, THOMAS EVERETT ROBINSON, III, BY HIS GUARDIAN AD LITEM, THOMAS EVERETT ROBINSON, II, D. LEWIS MATTIE, ELLEN MATTIE, AND ROBERT L. MATTIE, PLAINTIFFS,
v.
L.G. DEWITT TRUCKING COMPANY, INC., AND COLLIE B. ADAMS, DEFENDANTS/APPELLANTS, AND THE NEW JERSEY TURNPIKE AUTHORITY, DEFENDANT. EDITH M. ROBINSON, BY HER GUARDIAN D. LEWIS MATTIE, PLAINTIFF/RESPONDENT,
v.
PROGRESSIVE CASUALTY INSURANCE CO., DEFENDANT/APPELLANT, AND UNSATISFIED CLAIM AND JUDGMENT FUND AND SAMUEL F. FORTUNATO, COMMISSIONER OF INSURANCE, DEFENDANTS/RESPONDENTS, AND PRUDENTIAL PROPERTY AND CASUALTY COMPANY, INTERVENOR. NEW YORK LIFE INSURANCE COMPANY AND WHOLESALER-DISTRIBUTORS INSURANCE TRUST, PLAINTIFFS/RESPONDENTS,
v.
PROGRESSIVE CASUALTY INSURANCE COMPANY, DEFENDANT/APPELLANT, AND L.G. DEWITT TRUCKING COMPANY, COLLIE B. ADAMS, EDITH M. ROBINSON, THE UNSATISFIED CLAIM AND JUDGMENT FUND AND SAMUEL F. FORTUNATO, COMMISSIONER OF INSURANCE, DEFENDANTS/RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued April 25, 1994.
Decided June 14, 1994.
Attorney(s) appearing for the Case
Elliott Abrutyn, argued the cause for Defendant/Third Party Plaintiff/Respondent/Cross-Appellant, The Home Insurance Company (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Mr. Abrutyn and Sandra Lawrence Paz, on the brief).
George J. Kenny, argued the cause for Defendant/Appellant/Respondent Progressive Casualty Insurance Co. (Connell, Foley & Geiser, attorneys; Mr. Kenny, of counsel; Kevin R. Gardner, of counsel and on the brief).
Anita Hotchkiss, argued the cause for Respondents New York Life Insurance Company and the Wholesaler-Distributors Insurance Trust (Porzio, Bromberg & Newman, attorneys; Ms. Hotchkiss, of counsel and on the brief; Janet A. Sullivan, on the brief).
Sherrie L. Gibble, Deputy Attorney General, argued the cause for Respondent Unsatisfied Claim and Judgment Fund (DeborahT. Poritz, Attorney General of New Jersey, attorney; and Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Gibble on the brief).
Cynthia K. Stroud, argued the cause for Defendants/Appellants L.G. DeWitt Trucking Company and Collie B. Adams (Tompkins, McGuire & Wachenfeld, attorneys; Ms. Stroud and Christopher J. Carey, of counsel; Ms. Stroud, on the brief).
Thomas P. Weidner, argued the cause for Intervenor, Prudential Property and Casualty Insurance Company (Jamieson, Moore, Peskin & Spicer, attorneys; Mr. Weidner, of counsel; Ross A. Lewin, on the brief).
Cy Goldberg & Associates, attorneys for amicus curiae Lumbermens Mutual Casualty Company, filed a brief (Marie L. Barnaba, of counsel and on the brief).
Medvin & Elberg, attorneys for respondent D. Lewis Mattie, filed a letter brief (Philip Elberg, on the brief).
Before Judges BAIME, CONLEY and VILLANUEVA.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by VILLANUEVA, J.A.D.
This consolidated insurance action involves issues of reimbursement among payors of PIP benefits following two different automobile accidents involving separate out-of-state insurers of vehicles operated in New Jersey. One issue is whether an out-of-state automobile insurer authorized to transact business in New Jersey is entitled under New Jersey law to reimbursement from the Unsatisfied Claim and Judgment...
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