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PENNSYLVANIA NAT'L MUT. CAS. CO. v. MILLER EST.

185 N.J. Super. 183 (1982)

447 A.2d 1344

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE CO., PLAINTIFF-APPELLANT, v. ESTATE OF HARVEY MILLER, DECEASED, JERMAINE MILLER AND SARA RAGIN, GENERAL ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF SHIRLEY MILLER, DECEASED, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1982.

Attorney(s) appearing for the Case

Paul W. Rosenberg argued the cause for appellant (Rappoport & Rosenberg, attorneys).

Robert A. Sand argued the cause for respondents.

Before Judges FRITZ, ARD and TRAUTWEIN.

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

The sole question in this case is whether an intentional occurrence, produced by design of the actor but wholly unexpected and untoward from the standpoint of the victims, is an "accident" within the purview of personal injury protection benefits under N.J.S.A. 39:6A-4, commonly known as PIP benefits. The trial judge, in a half-page written letter opinion which announces his conclusion but denies us...

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