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JENDRZEJEWSKI v. ALLSTATE INS. CO.

775 A.2d 583 (2001)

341 N.J. Super. 460

Matthew JENDRZEJEWSKI, Plaintiff-Respondent, and New Jersey Property-Liability Insurance Guaranty Association, Administrator of Claims of Home State Insurance Company, Defendant-Respondent, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 2001.

Attorney(s) appearing for the Case

David J. Dickinson, Millburn, argued the cause for appellant (McDermott & McGee, attorneys; Lindsay K. O'Shaughnessy, on the brief).

Stephanie M. Hopkins argued the cause for respondent New Jersey Property-Liability Insurance Guaranty Association (Bressler, Amery & Ross, attorneys; Mark M. Tallmadge and Ms. Hopkins, on the brief).

Arnold E. Jabin, East Brunswick, argued the cause for respondent Matthew Jendrzejewski.

Before Judges A.A. RODRÍGUEZ, COLLESTER and FALL.

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

In this appeal from a declaratory judgment action, to determine responsibility for personal injury protection (PIP) payments, we hold that the insolvency of an insured person's carrier does not render that person "uninsured" within the meaning of New Jersey automobile insurance statutes.

I

The facts are uncontroverted. Allstate Insurance Company (Allstate) appeals

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