RUTGERS CAS. INS. CO. v. OHIO CAS. INS. CO.


153 N.J. 205 (1998)

707 A.2d 1350

RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. THE OHIO CASUALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT. RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. HCM CLAIM MANAGEMENT CORP., SERVICING CARRIER FOR THE MARKET TRANSITION FACILITY, DEFENDANT-RESPONDENT. RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT. RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. THE WEST AMERICAN INSURANCE COMPANY, DEFENDANT-RESPONDENT. RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-RESPONDENT (TWO CASES). RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT. RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. COMPUTER SCIENCES CORPORATION, AS SERVICING CARRIER FOR THE MARKET TRANSITION FACILITY OR THE NEW JERSEY FAIR AUTOMOBILE UNDERWRITING ASSOCIATION, DEFENDANT-RESPONDENT. RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. KEYSTONE INSURANCE COMPANY, DEFENDANT-RESPONDENT. RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. LION INSURANCE COMPANY, MARYLAND CASUALTY INSURANCE COMPANY, AND STATE FARM INSURANCE COMPANY, DEFENDANTS, AND KEYSTONE INSURANCE COMPANY, DEFENDANT-RESPONDENT. RUTGERS CASUALTY INSURANCE COMPANY, AS INSURER OF JOSEPH JANIK, PLAINTIFF-APPELLANT, v. OHIO CASUALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT. RUTGERS CASUALTY INSURANCE COMPANY, AS INSURER OF MARIE & FRANK SCARAFILE, PLAINTIFF-APPELLANT, v. KEYSTONE INSURANCE COMPANY, DEFENDANT-RESPONDENT. RUTGERS CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. COMPUTER SCIENCES CORPORATION, AS SERVICING CARRIER FOR THE MARKET TRANSITION FACILITY OF NEW JERSEY (MTF) AND/OR THE NEW JERSEY FULL INSURANCE UNDERWRITING ASSOCIATION (JUA), DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 20, 1998.


Attorney(s) appearing for the Case

Susan L. Moreinis argued the cause for appellant.

John R. Gercke argued the cause for respondents The Ohio Casualty Insurance Company, Keystone Insurance Company and The West American Insurance Company (Gercke, Dumser & Feld, attorneys).

Francis X. Ryan argued the cause for respondents Allstate Insurance Company and CSC Insurance Services, servicing carrier for New Jersey Automobile Full Insurance Underwriting Association (Green, Lundgren & Ryan, attorneys for Allstate Insurance Company and CSC Insurance Services, servicing carrier for the New Jersey Automobile Full Insurance Underwriting Association and Robert L. Messick, attorney for HCM Claim Management Corp., servicing carrier for The Market Transition Facility of New Jersey; Mr. Ryan and Mr. Messick, on the joint brief).

Randi S. Greenberg submitted a letter in lieu of brief on behalf of respondent Prudential Property & Casualty Insurance Company (Robert A. Auerbach, attorney).


PER CURIAM.

The issue in this automobile insurance appeal is whether an insurance carrier that pays personal injury protection (PIP) benefits to claimants injured in an automobile accident is entitled to contribution from other insurance carriers that are required by N.J.S.A. 39:6A-4 to provide coverage. The appeal is based on ten consolidated declaratory judgment cases that arise from similar factual patterns. The...

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