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WALCOTT v. ALLSTATE NJ INS. CO.

870 A.2d 691 (2005)

376 N.J. Super. 384

Melanie WALCOTT, Plaintiff-Appellant, v. ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 2005.

Attorney(s) appearing for the Case

David Wendel, Springfield, argued the cause for appellant.

Thomas W. Griffin argued the cause for respondent (Litvak & Trifiolis, attorneys; Mr. Griffin, of counsel and on the brief).

Before Judges SKILLMAN, COLLESTER and PARRILLO.

The opinion of the court was delivered by

PARRILLO, J.A.D.

At issue is whether New Jersey's no fault insurance law bars an insured motorist who was intoxicated at the time of the accident from collecting personal injury protection (PIP) benefits for injuries sustained therein. The motion judge answered in the affirmative, finding that N.J.S.A. 39:6A-4.5(b) precludes such first-party recovery. We now hold otherwise.

The facts are straightforward...

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