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BOWE v. NEW JERSEY MFRS. INS. CO.

842 A.2d 247 (2004)

367 N.J. Super. 128

Hassannah BOWE, Plaintiff-Appellant, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Norman Costanza, Clifton, argued the cause for appellant (Sellinger & Sellinger, attorneys; Larry M. Pollack, on the brief).

Gregory E. Peterson, Roseland, argued the cause for respondent (Connell Foley, attorneys; Brian G. Steller, of counsel; Mr. Peterson on the brief).

Before Judges WEFING, COLLESTER and FUENTES.

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

In this appeal we are asked to decide whether a plaintiff seeking Personal Injury Protection (PIP) benefits under N.J.S.A. 39:6A-4 must prove that the treatment she received was causally related to a particular automobile accident when the insurer asserts a pre-existing injury or condition as a defense. We hold that a plaintiff seeking PIP benefits must prove...

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