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COACH USA, INC. v. ALLSTATE INS. CO.

806 A.2d 839 (2002)

354 N.J. Super. 277

COACH USA, INC., Cape Transit Corporation and Leisure Line, Inc., Plaintiffs-Respondents, v. ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 2002.

Attorney(s) appearing for the Case

David J. Dickinson, Millburn, argued the cause for appellant (McDermott & McGee, attorneys; Mr. Dickinson of counsel and on the brief).

F. Herbert Owens, III, Cherry Hill, argued the cause for respondents (Owens & Wolf, attorneys; Mr. Owens of counsel and on the brief).

Before Judges HAVEY, A.A. RODRÍGUEZ, and PAYNE.

The opinion of the court was delivered by

PAYNE, J.A.D.

In this appeal, we address the issue of whether Allstate, a auto carrier that paid first-party personal injury protection (PIP) benefits to insureds injured in four separate accidents with commercial busses, can obtain reimbursement pursuant to N.J.S.A. 39:6A-9.1, through arbitration, from the carriers of those busses, despite the fact that the bus companies had obtained statutorily-mandated first...

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