SANDERS v. LANGEMEIER

A-49 September Term 2008

972 A.2d 1103 (2009)

199 N.J. 366

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

Supreme Court of New Jersey.

Decided May 4, 2009.


Attorney(s) appearing for the Case

Hugh P. Francis argued the cause for appellant (Francis & Berry, attorneys; Mr. Francis and Peter A. Olsen, on the briefs).

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

Paul G. Witko, Deputy Attorney General, argued the cause for amicus curiae Commissioner of Banking and Insurance (Anne Milgram, Attorney General of New Jersey, attorney; Melissa H. Raksa, Deputy Attorney General, of counsel).

Jeffrey A. Rizika, Roseland, submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America-New Jersey (Starr, Gern, Davison & Rubin, attorneys; Mr. Rizika and James A. Meszaros, on the brief).

Susan Stryker submitted a brief on behalf of amici curiae Insurance Council of New Jersey, American Insurance Association, Property Casualty Insurance Association of America and National Association of Mutual Insurance Companies (Clyde & Co, US, attorneys).


Justice HOENS delivered the opinion of the Court.

In this matter, we consider whether an individual who was entitled to emergency medical services pursuant to the special automobile insurance coverage known as the "Dollar-A-Day"1 policy, see N.J.S.A. 39:6A-3.3, has a right to seek reimbursement from the Unsatisfied Claim and Judgment Fund (UCJF) for the cost of additional, non-emergency, medical treatments he later received after...

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