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N.J. MFRS. INS. CO. v. LONGO

303 N.J. Super. 286 (1997)

NEW JERSEY MANUFACTURERS INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. LISA LONGO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 1997.

Attorney(s) appearing for the Case

William F. Hartigan, Jr. argued the cause for appellant (McLaughlin & Cooper, attorneys; Mr. Hartigan on the brief).

Richard J. Alphonse argued the cause for respondent (Stark & Stark, attorneys; Mr. Alphonse on the brief).

Before Judges HAVEY and CUFF.

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

The issue presented by this appeal is whether a personal automobile insurer may impose an additional deductible and additional premium when an insured chooses his health insurance as a primary option pursuant to N.J.S.A. 39:6A-4.3, but a covered person under both policies (automobile and health) receives treatment from health care providers who did not participate with the insured's primary health care...

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