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HARDY EX REL. DOWDELL v. ABDUL-MATIN

A-112 September Term 2007

965 A.2d 1165 (2009)

198 N.J. 95

Tyrell HARDY, by and through his Guardian ad Litem Vera DOWDELL, Plaintiff-Respondent, v. Humza ABDUL-MATIN, Merrick L. Harris, Public Service Electric and Gas and Joseph M. Kulak, Defendants, and Liberty Mutual Insurance Company, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 5, 2009.

Attorney(s) appearing for the Case

Dana C. Argeris, Cherry Hill, argued the cause for appellant (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Walter F. Kawalec, III, on the briefs).

Randi S. Greenberg argued the cause for respondent (John P. McGovern, attorney).

Justice WALLACE, JR. delivered the opinion of the Court.

This is an insurance coverage case. The question presented is whether a passenger who did not know the vehicle he was in was stolen is entitled to Personal Injury Protection (PIP) benefits under an insurance policy with an exclusion that tracks the language of N.J.S.A. 39:6A-7(b)(2), which authorizes insurers to deny benefits to someone who "was occupying or operating an automobile without the permission...

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