EMPIRE FIRE & MARINE INS. CO. v. GSA INS. CO.


808 A.2d 98 (2002)

354 N.J. Super. 415

EMPIRE FIRE & MARINE INSURANCE COMPANY, Defendant-Respondent, v. GSA INSURANCE COMPANY, Plaintiff-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 3, 2002.


Attorney(s) appearing for the Case

Robert P. Clark, Sea Girt, argued the cause for appellant.

Frank P. Brennan, Cherry Hill, argued the cause for respondent.

Spector Gadon & Rosen, attorneys for appellant (Mr. Brennan and Kevin J. DiMedio, Sr., on the brief).

Before Judges CONLEY, NEWMAN and CARCHMAN.


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

This appeal arises from a private automobile insurance carrier's efforts to obtain reimbursement for Personal Injury Protection (PIP) benefits paid its injured insureds from the tortfeasors's commercial vehicle carrier. The private vehicle carrier, GSA Insurance Company (GSA), was successful in its arbitration proceedings brought pursuant to N.J.S.A. 39:6A-9.1. However, its subsequent complaint seeking...

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