STEVENSON v. STATE FARM INDEM. CO.


311 N.J. Super. 363 (1998)

DAVID STEVENSON, PLAINTIFF-APPELLANT, v. STATE FARM INDEMNITY COMPANY, DEFENDANT-THIRD-PARTY PLAINTIFF-RESPONDENT, v. UNSATISFIED CLAIM AND JUDGMENT FUND, THIRD-PARTY DEFENDANT. JOHN PONTER, JR., PLAINTIFF-RESPONDENT, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, DEFENDANT-THIRD-PARTY PLAINTIFF-APPELLANT, v. UNSATISFIED CLAIM AND JUDGMENT FUND, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 1998.


Attorney(s) appearing for the Case

Howard A. Gross, argued the cause for appellant in A-2861-96T5 (Gross and Gross, attorneys; Mr. Gross, on the brief).

Randi S. Greenberg, argued the cause for appellant in A-4332-96T2 (Robert A. Auerbach, attorney; Ms. Greenberg, on the brief).

Elizabeth C. Chierici, argued the cause for respondent in A-2861-96T5 (Chierici, Chierici & Smith, attorneys; Ms. Chierici, on the brief).

Milton W. Brown, argued the cause for respondent in A-4332-96T2.

Before Judges KING, MUIR, Jr. and KESTIN.


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

I

The issue in this appeal is whether an insurance carrier must provide personal injury protection (PIP) benefits, pursuant to N.J.S.A. 39:6A-4,2 to claimants who sustained bodily injuries during assaultive carjacking incidents. The appeal concerns two consolidated cases which arise from similar factual patterns ...

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