Colonial Penn Insurance v. Allstate Insurance

The opinion of the court was delivered by

O’BRIEN, J.A.D.

At issue in this case is the effect of the adoption of N.J.S.A. 39:6A-4.2 upon N.J.S.A. 39.-6A-11, as to contribution among insurers for PIP benefits paid to an insured. The trial judge ruled that N.J.S.A. 39:6A-4.2 had prospective application only and did not become operative until the day after the accident causing the injuries for which the PIP benefits were paid. Therefore, he ruled that both insurers were required to share on an equitable pro rata basis benefits paid, pursuant to N.J. S.A. 39:6A-11. We agree and affirm.

Plaintiff…