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BINGHAM v. HOME INDEMNITY COMPANY

146 N.J. Super. 166 (1976)

369 A.2d 47

JAMES BINGHAM, PLAINTIFF, v. THE HOME INDEMNITY COMPANY, A CORPORATION AUTHORIZED TO ISSUE INSURANCE IN THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided November 23, 1976.

Attorney(s) appearing for the Case

Mr. James E. Flynn for plaintiff (Mr. James P. Dugan, attorney).

Mr. Floyd F. Lombardi for defendant (Messrs. DeSevo, Cerutti & Lombardi, attorneys).

BILDER, J.S.C.

This is an action by an assured against his insurance company to recover "no fault" benefits for injuries resulting from an accident between a motorcycle and a commercial vehicle. Defendant The Home Indemnity Company (Home) has brought a motion for summary judgment on the ground the accident is not within the personal injury protection coverage of its policy.

There is no dispute as to the material facts. Plaintiff was a named insured under a...

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