Summary
deciding claim under N.J.S.A. 39:6A-9, a predecessor of the current PIP recovery statute
Summary of this case from David v. Government Employees Ins. Co.Opinion
Argued November 8, 1976 —
Decided February 28, 1977.
Appeal from the Superior Court, Appellate Division.
Mr. Alan R. Schmoll argued the cause for appellant ( Messrs. Capehart Scatchard, attorneys).
Mr. Roy D. Cummins argued the cause for respondent. Messrs. Moss, Powell Powers submitted a brief on behalf of amicus curiae New Jersey Defense Association ( Mr. William R. Powers, Jr. on the brief).
The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division.
For affirmance — Chief Justice HUGHES, Justices MOUNTAIN, SULLIVAN, PASHMAN, CLIFFORD and SCHREIBER and Judge CONFORD — 7.
For reversal — None.