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DAVID v. GOVERNMENT EMPLOYEES INS. CO.

821 A.2d 564 (2003)

360 N.J. Super. 127

Lorraine DAVID, Plaintiff-Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Geico General Insurance Company, Geico Direct and The Estate of Adolf Gaerner, Defendants, and Commercial Insurance Company of Newark, New Jersey and CNA Insurance Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 2003.

Attorney(s) appearing for the Case

Robert W. Ruggieri, argued the cause for appellant Lorraine David (Mr. Ruggieri and Kam S. Minhas, of counsel and on the brief).

Jeffrey A. Oshin argued the cause for respondents, Commercial Insurance Company of Newark, New Jersey and CNA Insurance Company (Hardin, Kundla, McKeon, Poletto & Polifroni, attorneys; Mr. Oshin, of counsel and on the brief).

Before Judges STERN, COBURN, and ALLEY.

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

In this appeal we are urged to depart from our decision in Knox v. Lincoln Gen. Ins. Co., 304 N.J.Super. 431, 701 A.2d 445 (App.Div.1997). We held in Knox that a personal injury protection (PIP) insurance carrier is not required to notify its insured before obtaining reimbursement from an alleged tortfeasor's insurer of PIP benefits the PIP insurer has paid...

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