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LIBERTY MUT. INS. v. SELECTIVE INS.

271 N.J. Super. 454 (1994)

638 A.2d 1330

LIBERTY MUTUAL INSURANCE CO., PLAINTIFF-RESPONDENT, v. SELECTIVE INSURANCE CO., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1994.

Attorney(s) appearing for the Case

Carson & Astorino, attorneys for appellant (Robert A. McLarty, Jr., on the brief).

Methfessel & Werbel, attorneys for respondent (John E. Lamastra, on the brief).

Before Judges J.H. COLEMAN and LEVY.

LEVY, J.S.C. [temporarily assigned].

This appeal requires us to consider whether a tortfeasor's excess insurer is liable to the victim's automobile insurer for personal injury protection (PIP) benefits paid by the automobile insurer to the victim. We conclude the excess carrier is liable as an "insurer" under N.J.S.A. 39:6A-9.1, and we affirm the order granting summary judgment to plaintiff.

While driving his automobile, Charles Self was seriously injured...

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