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STEWART v. ROYAL INS. CO.

723 A.2d 1253 (1999)

Edward G. STEWART, Plaintiff/Appellant, v. ROYAL INSURANCE COMPANY, as representative of the Newark Insurance Company, Defendant/Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1999.

Attorney(s) appearing for the Case

Francis J. Hartman, Moorestown, for plaintiff/appellant (Hartman & Zamost, attorneys; Deirdre K. Hartman, on the brief).

Sharon A. Connors, Philadelphia, PA, for defendant/respondent (Marks, O'Neill, Reilly, O'Brien & Courtney, attorneys; Ms. Connors, on the brief).

Before Judges KING, WALLACE and FALL.

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

Plaintiff Edward Stewart appeals from an entry of summary judgment dismissing his complaint against defendant Royal Insurance Company seeking personal injury protection (PIP) benefits. The motion judge held the statutory exclusion for criminal conduct applied to deny plaintiff's claim. On appeal, plaintiff contends he is entitled to PIP benefits as he does not fall within the exclusion in N.J.S.A. 39...

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