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GARDEN STATE FIRE, ETC. v. COMMERCIAL UNION INS.

176 N.J. Super. 301 (1980)

422 A.2d 1327

GARDEN STATE FIRE & CASUALTY COMPANY, PLAINTIFF-APPELLANT, v. COMMERCIAL UNION INSURANCE COMPANY, FEDERAL INSURANCE COMPANY, COSTA ICE CREAM COMPANY AND ANDREW COSTA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 23, 1980.

Attorney(s) appearing for the Case

Jerome S. Lieb argued the cause for appellant (Lieb, Berlin & Kaplan, attorneys).

John Zen Jackson argued the cause for respondent Federal Insurance Company.

Before Judges BISCHOFF, MILMED and FRANCIS.

PER CURIAM.

The sole issue in this litigation is whether Garden State Fire & Casualty Company (Garden State) who paid Personal Injury Protection (PIP) benefits with respect to a certain claim is entitled to recover any portion of those benefits from a carrier who affords excess coverage to an automobile driver in an accident.

On November 11, 1974 John Matushek was struck and seriously injured by a motor vehicle owned by Costa Ice Cream Company (Costa)...

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