Sotomayor v. Vasquez

The opinion of the court was delivered by

BILDER, J.A.D.

On this appeal we are asked to consider whether a car driven by an insured driver but not owned by him is an “automobile of the named insured” for purposes of coverage by personal injury protection (PIP) benefits under an automobile liability policy. Defendant Aetna Casualty and Surety Company (Aetna) appeals from a summary judgment entered in favor of the plaintiff passenger following a finding by the trial court that he was injured while occupying the automobile of Aetna’s named insured within the meaning of N.J.S.A. 39:6A-4.

The facts…