Opinion
A-114 September Term 2001
Argued January 7, 2003
Decided March 6, 2003
On appeal from the Superior Court, Appellate Division.
CHIEF JUSTICE PORITZ and JUSTICES COLEMAN, LaVECCHIA, ZAZZALI, and ALBIN join in this Opinion.
Diana La Femina-Rosa argued the cause for appellant (Maloof, Lebowitz, Connahan Oleske, attorneys).
Thomas F. McGuire, Sr., argued the cause for respondent.
The judgment of the Appellate Division is affirmed, substantially for the reasons expressed in the Per Curiam opinion of the Appellate Division, reported at 358 N.J. Super. 400, 818 A.2d 372 (2001).
CHIEF JUSTICE PORITZ and JUSTICES COLEMAN, LaVECCHIA, ZAZZALI and ALBIN join in this opinion. JUSTICE LONG filed a separate dissenting opinion, in which JUSTICE VERNIERO joins.
I would affirm the entry of summary judgment in favor of State Farm. Like the dissenter below, Judge Fisher, I conclude that State Farm's bookkeeping entry, reflecting an adjustment to plaintiff's deductible is not a "payment" under N.J.S.A. 39:6A-13.1(a) or within common parlance.
Justice Verniero joins in this opinion.