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MFRS. INS. GP. v. HOLGER TRUCKING

No. A-0365-09T3.

9 A.3d 1095 (2011)

417 N.J. Super. 393

NEW JERSEY MANUFACTURERS INSURANCE GROUP/GARRISON LANGE, Plaintiff-Respondent, v. HOLGER TRUCKING CORPORATION and ARI Insurance Companies, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 2011.

Attorney(s) appearing for the Case

William S. Bloom , Edison, argued the cause for appellants (Methfessel & Werbel, attorneys; Mr. Bloom, on the brief).

William H. Hanifen, IV , Collingswood, argued the cause for respondent.

Before Judges FISHER, SAPP-PETERSON and SIMONELLI.

The opinion of the court was delivered by

FISHER, J.A.D.

N.J.S.A. 39:6A-9.1 requires that an insurer, which has provided personal injury protection (PIP) benefits, must commence suit for reimbursement from a tortfeasor within two years of "the filing of the claim." The parties dispute whether the claim is filed when an insured or health care provider first requests reimbursement for PIP benefits or when the insured

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