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FOSTER v. AETNA CAS. AND SUR. CO.

240 N.J. Super. 122 (1990)

572 A.2d 680

HAROLD FOSTER, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR DANIEL BRENT FOSTER, PLAINTIFF, v. AETNA CASUALTY AND SURETY COMPANY, DEFENDANT.

Superior Court of New Jersey, Law Division Cumberland County.

March 2, 1990.

Attorney(s) appearing for the Case

Ritter, Hanford and Pryor, attorneys for plaintiff (Theodore H. Ritter.)

Horn, Kaplan, Goldberg, Gorny and Daniels, attorneys for defendant (Steven M. Horn.)

KLEINER, J.S.C.

This matter is before the court on a motion by Aetna Casualty and Surety Company for summary judgment. Aetna seeks to deny coverage for certain out-of-pocket expenses incurred by the plaintiff. Plaintiff cross-moves for partial summary judgment claiming Aetna is liable for these expenses under the personal injury protection (PIP) provisions of its automobile insurance policy.

Harold Foster, plaintiff in this matter, purchased a personal automobile...

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