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SANDERS v. LANGEMEIER

No. A-4335-06T3

949 A.2d 295 (2008)

401 N.J. Super. 125

Omar SANDERS, Plaintiff-Respondent, v. Norma K. LANGEMEIER, Patricia L. Leslie, Clarendon National Insurance Company, Defendants, and New Jersey Property-Liability Insurance Guaranty Association, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 19, 2008.

Attorney(s) appearing for the Case

Hugh P. Francis, argued the cause for appellant (Francis & Berry, attorneys; Mr. Francis, of counsel and on the brief; Joanna Huc, on the briefs).

Kenneth E. Ryan, Passaic, argued the cause for respondent (Weiner, Ryan & Mazzei, attorneys; Mr. Ryan, on the brief).

Paul G. Witko, Deputy Attorney General, argued the cause for amicus curiae Commissioner of Banking and Insurance (Anne Milgram, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Mr. Witko, on the brief).

Starr, Gern, Davison & Rubin, Roseland, for amicus curiae The Association of Trial Lawyers of America-New Jersey (Jeffrey A. Rizika, of counsel; James A. Meszaros, on the briefs).

Before Judges LINTNER, GRAVES and ALVAREZ.

The opinion of the court was delivered by

LINTNER, P.J.A.D.

This appeal requires us to determine whether an otherwise uninsured passenger, not qualified to receive Medicaid, who is afforded medical payments limited to the emergency personal injury protection coverage afforded under the owner-operator's special insurance policy, is eligible to recover personal injury protection (PIP) benefits for non-emergency medical...

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