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PEREZ v. FARMERS MUT. FIRE INS.

Docket No. A-0490-09T3.

9 A.3d 1101 (2011)

417 N.J. Super. 403

Jose C. PEREZ, Marta A. Perez, and Sarah E. Perez, a minor by her Parents/Guardians Ad Litem Jose C. Perez and Marta A. Perez, Plaintiffs-Respondents, v. FARMERS MUTUAL FIRE INSURANCE COMPANY OF SALEM COUNTY, Defendant-Respondent, and Encompass Property & Casualty Insurance Co. of New Jersey, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 2011.

Attorney(s) appearing for the Case

Jeffrey A. Oshin , Springfield, argued the cause for appellant (Hardin, Kundla, McKeon & Poletto, attorneys; Mr. Oshin, of counsel and on the brief).

David K. Chazen , Englewood, argued the cause for respondents Jose C. Perez, Marta A. Perez, and Sarah E. Perez (Chazen & Chazen, attorneys; Mr. Chazen, on the brief).

Andrew M. Lusskin , Livingston, argued the cause for respondent Farmers Mutual Fire Insurance Company of Salem County (Braff, Harris & Sukoneck, attorneys; Mr. Lusskin, on the brief).

Before Judges SKILLMAN, YANNOTTI and ESPINOSA.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether a fifteen-passenger van owned by a church, which it used to transport members of the congregation to church services, falls within the definition of an "automobile" contained in N.J.S.A. 39:6A-2(a), thus requiring the van's insurer to provide coverage for personal injury protection (PIP) benefits. We conclude that such a vehicle does not constitute...

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