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CIRELLI v. OHIO CASUALTY INSURANCE CO.

72 N.J. 380 (1977)

371 A.2d 17

ALBERTO CIRELLI, PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. THE OHIO CASUALTY INSURANCE CO., DEFENDANT-APPELLANT-CROSS-RESPONDENT, AND RICHARD C. McDONOUGH, NEW JERSEY COMMISSIONER OF INSURANCE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 28, 1977.

Attorney(s) appearing for the Case

Mr. Elliott Abrutyn argued the cause for appellant-cross-respondent (Messrs. Morgan, Melhuish, Monaghan, McCoid and Spielvogel, attorneys).

Mr. Charles F. Krause, III, argued the cause for respondent-cross-appellant (Messrs. Riemenschneider, Krause and Vion, attorneys).

Ms. Maureen McGrath, Deputy Attorney General, filed as statement in lieu of brief on behalf of respondent Richard C. McDonough (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

The opinion of the court was delivered by SCHREIBER, J.

The primary issue in this case concerns the validity of reimbursement and subrogation provisions in an automobile liability insurance policy with respect to personal injury benefits paid to the assured as required by the New Jersey Automobile Reparation Reform Act (No Fault Law), N.J.S.A. 39:6A-1 et seq.

The facts are undisputed. The plaintiff Alberto...

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