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SELECTED RISKS INS. CO. v. ALLSTATE INS. CO.

179 N.J. Super. 444 (1981)

432 A.2d 544

SELECTED RISKS INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1981.

Attorney(s) appearing for the Case

Lewis P. Dolan, Jr., argued the cause for appellant (Dolan & Dolan, attorneys; Lewis P. Dolan, Jr. on the brief).

Edmond R. Casey argued the cause for respondent (O'Donnell, McCord & Leslie, attorneys; Edmond R. Casey on the brief).

Before Judges SEIDMAN, ANTELL and LANE.

The opinion of the court was delivered by LANE, J.A.D.

Plaintiff appeals from an order dismissing its complaint to vacate a decision of arbitrators denying it contribution from defendant of 50% of payments plaintiff made for PIP benefits on behalf of Richard W. Boland. The issue is whether an automobile policy can legally contain a provision limiting liability for PIP benefits where the injured party has another source from which PIP benefits can be obtained. We reverse...

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