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SERIO v. ALLSTATE INS. CO.

210 N.J. Super. 167 (1986)

509 A.2d 273

EDVIDGE SERIO AND DANNY SERIO, PLAINTIFFS-RESPONDENTS, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1986.

Attorney(s) appearing for the Case

Dwyer, Connell & Lisbona, attorneys for appellant (Albert C. Lisbona, on the brief).

Pitio & Turetsky, attorneys for respondents (Samuel H. Turetsky, on the brief).

Before Judges FURMAN, PETRELLA and SKILLMAN.

The opinion of the court was delivered by SKILLMAN, J.S.C. (temporarily assigned).

The Automobile Reparation Reform Act (No Fault Act) (N.J.S.A. 39:6A-1 et seq.) provides that a person may be excluded from personal injury protection benefits (PIP) if his personal injuries occurred "while committing a high misdemeanor or felony or seeking to avoid lawful apprehension or arrest by a police officer." N.J.S.A. 39:6A-7a(1). The trial court concluded...

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