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AMERICAN INTERN. v. 4M INTERPRISE

No. A-3490-11T2

70 A.3d 757 (2013)

431 N.J. Super. 514

AMERICAN INTERNATIONAL INSURANCE COMPANY OF DELAWARE, Plaintiff-Respondent, v. 4M INTERPRISE, INC., Defendant, and Ocean Risk Retention Group, Inc., Defendant-Appellant, and New Jersey Property-Liability Insurance Guaranty Association as Statutory Administrator of Unsatisfied Claim and Judgment Fund, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 2013.

Attorney(s) appearing for the Case

John M. Bashwiner argued the cause for appellant (Bashwiner and Deer, LLC, attorneys; Mr. Bashwiner, of counsel; Joseph A. Deer, on the brief).

Sandra S. Grossman, Warren, argued the cause for respondent American International Insurance Company of Delaware (Law Offices of Steven G. Kraus, attorneys; Ms. Grossman, on the brief).

Mark M. Tallmadge, Florham Park, argued the cause for respondent New Jersey Property-Liability Insurance Guaranty Association (Bressler, Amery & Ross, attorneys; Mr. Tallmadge, on the brief).

Before Judges GRALL, SIMONELLI and KOBLITZ.

The opinion of the court was delivered by

GRALL, J.A.D.

The Federal Liability Risk Retention Act of 1986 (LRRA), 15 U.S.C.S. §§ 3901 to 3906, exempts risk retention groups from many, but not all, state laws regulating insurers. The primary issues on this appeal are whether New Jersey violates LRRA by requiring risk retention groups to provide pedestrian personal injury protection (pedestrian-PIP) benefits in conformity with N.J.S.A.

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