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ENDO SURGI CTR. P.C. v. LIBERTY MUT. INS. CO.

919 A.2d 166 (2007)

391 N.J. Super. 588

ENDO SURGI CENTER, P.C., Plaintiff-Respondent, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 9, 2007.

Attorney(s) appearing for the Case

William P. Krauss, argued the cause for appellant (Wilson, Elser, Moskowitz, Edelman & Dicker, Newark and Law Offices of Skrod & Baumann, attorneys; Clifford J. Giantonio, of counsel; Mr. Krauss, of counsel and on the brief).

Sean A. Smith, Roseland, argued the cause for respondent (Wolf Block Brach Eichler, attorneys; Charles X. Gormally, of counsel; Mr. Gormally and Mr. Smith, on the brief).

Before Judges SKILLMAN, LISA and HOLSTON, JR.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether an insured under an automobile liability policy who is denied personal injury protection (PIP) benefits may maintain a common law action for breach of good faith against the insurer. We conclude that PIP benefits are statutory in origin, and therefore, an insured who is wrongfully denied such benefits is entitled to only the statutory remedy of interest...

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