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LUMBERMENS MUTUAL CASUALTY CO. v. CARRIERE

170 N.J. Super. 437 (1979)

406 A.2d 994

LUMBERMENS MUTUAL CASUALTY COMPANY, A CORPORATION, PLAINTIFF, v. ESTHER COHEN CARRIERE, DEFENDANT, AND NICHOLAS CARRIERE, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 30, 1979.

Attorney(s) appearing for the Case

Mr. Raymond J. Lamb for plaintiff (Messrs. Lamb, Hutchinson, Chappell, Ryan and Hartung, attorneys).

Mr. Michael L. Carlin of the New York Bar admitted pro hac vice, and Mr. Steven Rubenstein for defendant Esther Cohen Carriere, (Messrs. Rubenstein and Sherwood, attorneys).

No appearance was entered on behalf of defendant Nicholas Carriere.

Mr. Peter D. Pizzuto, Deputy Attorney General for James J. Sheeran, Commissioner of Insurance, intervenor (John J. Degnan, Attorney General, of New Jersey, attorney).

LONG, J.S.C.

This case involves the question of whether an insurer properly notified its insured of the availability of additional personal injury protection coverage pursuant to N.J.S.A. 39:6A-10, and if not, whether the remedy of reformation of the policy can be invoked by the insured who has sustained a loss for which such additional coverage would have been available.

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