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BENYOLA v. ALLSTATE INS. CO.

237 N.J. Super. 472 (1990)

568 A.2d 134

PHILIP BENYOLA; LINDA BENYOLA, INDIVIDUALLY AND AS THE GUARDIAN AD LITEM — ON BEHALF OF THE INFANT PLAINTIFFS, PHILIP BENYOLA, JR. AND CHRISTINA BENYOLA, PLAINTIFFS-APPELLANTS, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 3, 1990.

Attorney(s) appearing for the Case

Richard H. Wildstein argued the cause for appellant (Goldstein, Ballen, O'Rourke & Wildstein, attorneys, Vincent M. Russo, on the brief).

Eugene M. Purcell argued the cause for respondent (Purcell, Ries, Shannon & Mulcahy, attorneys, Thomas E. Ryan, on the brief).

Before Judges PETRELLA, O'BRIEN and STERN.

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

This appeal requires us to interpret provisions of N.J.S.A. 39:6A-13(d), a section of the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 et seq. Specifically, we must decide whether plaintiffs, who sought Personal Injury Protection (PIP) benefits under plaintiff Philip Benyola's policy of insurance with defendant, were justified in refusing to attend physical examinations as...

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