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REILLY v. AAA MID-ATLANTIC INS. CO.

A-122 September Term 2006.

946 A.2d 564 (2008)

194 N.J. 474

Glen REILLY, Petitioner-Appellant, v. AAA MID-ATLANTIC INSURANCE COMPANY OF NEW JERSEY, Respondent-Respondent.

Supreme Court of New Jersey.

Decided May 14, 2008.

Attorney(s) appearing for the Case

Glen Reilly argued the cause pro se.

Vicki A. Mangiaracina, Deputy Attorney General, argued the cause for respondent New Jersey Department of Banking and Insurance (Anne Milgram, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

Donald M. Barone argued the cause for respondent AAA Mid-Atlantic Insurance Company of New Jersey (Gelfand, Barone & Bava, attorneys).

Thomas G. Smith submitted a letter brief on behalf of amicus curiae Property Casualty Insurance Association of America.

Justice HOENS delivered the opinion of the Court.

In this matter, we consider whether, and under what circumstances, a driver who is involved in a single-vehicle accident may be considered to be "at-fault" for purposes of assessing insurance eligibility rating points. Because we conclude that, under the circumstances presented, the Department of Banking and Insurance has applied its regulations in a manner that exceeds the...

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