SCHAEFER v. ALLSTATE NJ INS. CO.


870 A.2d 745 (2005)

376 N.J. Super. 475

Charlotte SCHAEFER, Plaintiff-Respondent, v. ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Respondent, and U.S. Fidelity & Guaranty Co., Defendant-Appellant. Cynthia Lee, Plaintiff-Respondent, v. U.S. Fidelity & Guaranty Co., Defendant-Appellant, and Liberty Mutual Fire Insurance Co., Defendant-Respondent. Denise Sottilare, Plaintiff-Respondent/Cross-Appellant, v. Olympia Trails Bus Company, Olympia Trails, Inc., Coach USA and Sedgwick CMS, Defendants, and USF&G, Defendant-Appellant/Cross-Respondent, and Liberty Mutual Insurance Company, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 15, 2005.


Attorney(s) appearing for the Case

Michael K. Tuzzio, argued the cause for appellant U.S. Fidelity and Guaranty Co. in A-5757-03T1 and A-6668-03T5 and appellant-cross-respondent U.S. Fidelity and Guaranty Co. in A-4478-03T3 (Ronan, Tuzzio & Giannone, attorneys; Mr. Tuzzio, of counsel, Tinton Falls and on the brief and Kenneth R. Ebner, Jr., on the brief, Bothwyn, PA).

Vincent Jesuele, Westfield, argued the cause for respondent Charlotte Schaefer in A-5757-03T1 (Kessler, DiGiovanni, & Jesuele, attorneys; Frank DiGiovanni, on the brief).

David J. Dickinson, Millburn, argued the cause for respondent Allstate New Jersey Insurance Company in A-5757-03T1 (McDermott & McGee, attorneys; Mr. Dickinson, of counsel; Lindsay K. O'Shaughnessy, on the brief).

Richard W. Gaeckle, New Brunswick, argued the cause for respondent-cross-appellant Denise Sottilare in A-4478-03T3 (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Douglas M. Fasciale, of counsel; Mr. Gaeckle, on the brief).

Robert P. Clark, Sea Girt, argued the cause for respondent Liberty Mutual Insurance Company in A-4478-03T3 (Clark & DiStefano, attorneys; Mr. Clark, on the brief).

Amanda M. Dowd, argued the cause for respondent Liberty Mutual Fire Insurance Company in A-6668-03T5 (Sherman & Viscomi, attorneys; Ms. Dowd, on the brief).

Respondent Cynthia Lee in A-6668-03T5, did not file a brief.

Before Judges SKILLMAN, GRALL and GILROY.


The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The common issue presented by these appeals is whether the medical expense benefits an insurer of a bus company is required to provide a person who is injured while a passenger on a bus must be paid by an automobile insurer that provides personal injury protection coverage to the injured passenger. We conclude that the insurer of the bus company remains solely responsible for the payment of medical...

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