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SIKKING v. SELECTED RISKS INS. CO.

210 N.J. Super. 229 (1985)

509 A.2d 307

LINDA C. SIKKING, EXECUTRIX OF THE ESTATE OF HERMAN J. SIKKING, PLAINTIFF, v. SELECTED RISKS INSURANCE COMPANY, DEFENDANT.

Superior Court of New Jersey, Law Division Cumberland County.

Decided October 18, 1985.

Attorney(s) appearing for the Case

Darrell M. Fineman for plaintiff (Capizola, Fineman & Kutner, attorneys).

John P. Morris for defendant (Horuvitz, Perlow, Morris & Baker, attorneys).

OPINION

KLEINER, J.S.C.

The novel question posed in this declaratory judgment suit is whether the interpretation of legislative intent of the PIP statute, N.J.S.A. 39:6A-2(d) and 39:6A-4(b), as set forth in Gambino v. Royal Globe Ins. Co., 86 N.J. 100 (1981), is applicable to the factual issues raised at trial.

In particular, the Court must determine whether the decedent, Herman Sikking, was an "income...

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