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SVENSON v. NATIONAL CONSUMER INS.

731 A.2d 91 (1999)

322 N.J. Super. 410

Charles SVENSON, Plaintiff-Respondent, v. NATIONAL CONSUMER INSURANCE COMPANY, a business entity authorized to do business in the State of New Jersey, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1999.

Attorney(s) appearing for the Case

Randi D. Fraiman, for defendant-appellant (Zeller & Bryant, attorneys; Ms. Fraiman and Allen S. Zeller, Cherry Hill, on the brief).

Robert P. McKevitt, W. Long Branch, for plaintiff-respondent (Rosenberg & Kirby, Toms River, attorneys; Mr. McKevitt, on the brief).

Before Judges HAVEY, PAUL G. LEVY and LESEMANN.

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

By leave granted,2 defendant National Consumer Insurance (NCI), appeals from an order requiring it to pay personal injury protection (PIP) benefits to plaintiff, its insured. Plaintiff sustained injuries while a passenger in a tow truck which was transporting his disabled vehicle. The trial court concluded that, although plaintiff was not...

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