MARTIN v. HOME INS. CO.


141 N.J. 279 (1995)

661 A.2d 808

CHARLES MARTIN, PLAINTIFF, v. HOME INSURANCE COMPANY, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. UNSATISFIED CLAIM AND JUDGMENT FUND, THIRD-PARTY DEFENDANT-APPELLANT. EDITH M. ROBINSON, BY HER GUARDIAN, D. LEWIS MATTIE, 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, AND PROGRESSIVE CASUALTY INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. L.G. DEWITT TRUCKING COMPANY, INC., COLLIE B. ADAMS AND THE NEW JERSEY TURNPIKE AUTHORITY, DEFENDANTS. EDITH M. ROBINSON, BY HER GUARDIAN D. LEWIS MATTIE, PLAINTIFFS, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND UNSATISFIED CLAIM AND JUDGMENT FUND AND SAMUEL F. FORTUNATO, COMMISSIONER OF INSURANCE, DEFENDANTS-APPELLANTS, AND PRUDENTIAL PROPERTY AND CASUALTY COMPANY, INTERVENOR-RESPONDENT. NEW YORK LIFE INSURANCE COMPANY AND WHOLESALER-DISTRIBUTORS INSURANCE TRUST, PLAINTIFFS, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND L.G. DEWITT TRUCKING COMPANY, COLLIE B. ADAMS, AND EDITH M. ROBINSON, DEFENDANTS, AND THE UNSATISFIED CLAIM AND JUDGMENT FUND AND SAMUEL F. FORTUNATO, COMMISSIONER OF INSURANCE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 31, 1995.


Attorney(s) appearing for the Case

Karen L. Jordan, Deputy Attorney General, argued the cause for appellants (James J. Ciancia, Acting Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

Elliott Abrutyn argued the cause for respondent Home Insurance Company (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Sandra Lawrence Paz, on the brief).

Kevin R. Gardner argued the cause for respondent Progressive Casualty Insurance Company (Connell, Foley & Geiser, attorneys; Mr. Gardner and George J. Kenny, of counsel).

Ross A. Lewin argued the cause for respondent Prudential Property and Casualty Insurance Company (Jamieson, Moore, Peskin & Spicer, attorneys; Thomas P. Weidner, of counsel).


The opinion of the Court was delivered by O'HERN, J.

In 1972, the Legislature enacted a no-fault automobile insurance scheme. L. 1972, c. 70. The New Jersey Automobile Reparation Reform Act (No-Fault Law), N.J.S.A. 39:6A-1 to -35, requires that every private-passenger automobile registered in New Jersey be insured under a policy containing personal-injury-protection (PIP) benefits. PIP benefits are designed to cover certain basic expenses incurred...

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