Sanders v. Langemeier

Summary

The Supreme Court of New Jersey considered whether a passenger covered by a special automobile insurance policy providing emergency personal injury protection benefits could obtain reimbursement from the Unsatisfied Claim and Judgment Fund for later non-emergency medical treatment. The court held that the statutory reference to personal injury protection coverage includes emergency PIP coverage under the special policy, so the plaintiff was not entitled to additional UCJF benefits. The court reversed the Appellate Division and remanded for dismissal of the complaint against NJPLIGA.

Holdings

1. The phrase "personal injury protection coverage" in N.J.S.A. 39:6-86.1 is a general term encompassing standard, basic, and special-policy emergency PIP coverage. Because Sanders was covered by emergency PIP under the special policy, PIP coverage was in effect and he was not entitled to additional UCJF benefits for non-emergency treatment.
2. No. The statutory designation of a special-policy vehicle as equivalent to an uninsured motorist applies to liability and uninsured-motorist coverage and does not eliminate the policy's emergency PIP coverage or create entitlement to UCJF benefits for non-emergency treatment.

Questions Presented

1. Whether an injured passenger covered by a special automobile insurance policy providing emergency PIP benefits may obtain reimbursement from the Unsatisfied Claim and Judgment Fund for later non-emergency medical treatment.
2. Whether the statutory reference to personal injury protection coverage in N.J.S.A. 39:6-86.1 encompasses emergency PIP coverage under N.J.S.A. 39:6A-3.3.
3. Whether the statutory treatment of a special-policy vehicle as an uninsured motorist for uninsured-motorist purposes makes the passenger uninsured for purposes of UCJF PIP benefits.

Disposition

reversed_and_remanded