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BERG v. OHIO CASUALTY INSURANCE COMPANY

166 N.J. Super. 239 (1979)

399 A.2d 675

PAMELA BERG, AN INFANT BY HER PARENT AND NATURAL GUARDIAN EDWARD BERG, AND EDWARD BERG, INDIVIDUALLY, PLAINTIFFS, v. THE OHIO CASUALTY INSURANCE COMPANY, ALSO KNOWN AS THE OHIO CASUALTY GROUP OF INSURANCE COMPANIES, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided January 22, 1979.

Attorney(s) appearing for the Case

Mr. James P. Waller for plaintiffs (Messrs. Harrington and Dunne, attorneys).

Mr. John J. O'Donnell for defendant (Messrs. O'Donnell and McCord, attorneys).

MacKENZIE, J.S.C.

A previously unlitigated aspect of the New Jersey Automobile Reparation Act, N.J.S.A. 39:6A-1 et seq. (the No Fault Law) is at issue. The controversy centers around whether personal injury protection benefits (PIP) extend to a pedestrian, the daughter of the named insured whose vehicle was not involved in the accident, who suffers bodily injuries when struck first by a commercial vehicle...

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