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NEBINGER v. MARYLAND CAS. CO.

312 N.J. Super. 400 (1998)

LEROY NEBINGER, AN INCOMPETENT BY HIS GUARDIAN AD LITEM, LINDA BARRETT, GLAYDS LEWIS, GUARDIAN AD LITEM FOR ELIZABETH WELLS, AN INCOMPETENT, AND DOLORES CAPPUCCIO, PLAINTIFFS-APPELLANTS, v. MARYLAND CASUALTY COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1998.

Attorney(s) appearing for the Case

Benjamin Podolnick argued the cause for appellant Leroy Nebinger (Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, attorneys; Joan Freeman Meyer, on the joint brief).

James W. Johnson and W. Steven Berman argued the cause for appellants Glayds Lewis and Delores Cappuccio (Hollstein, Keating, Cattell, Johnson & Goldstein, Esqs.; Genetta, Katz, Ethin, Esqs., and Shain Law Center, attorneys on the joint brief).

Frank A. LaSalvia argued the cause for respondent Maryland Casualty Company (Daniel & Hofstron, attorneys).

Before Judges D'ANNUNZIO, A.A. RODRIGUEZ and COBURN.

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

The issue presented in these consolidated appeals is whether a minibus used by a senior center to transport its paying clients to various activities is a "vehicle used for transportation of passengers for hire" within the meaning of N.J.S.A. 39:1-1 so as to require medical expense benefits (MEB) coverage pursuant to N.J.S.A. 17:28-1.6. We hold that such use of the vehicle does not constitute...

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