Rutgers Casualty Insurance v. New Jersey Manufacturers Insurance

Carmen Klass was eligible for no fault PIP benefits as an “eligible injured person” under New Jersey Manufacturers’ (NJM) policy covering the car in which she was riding and the Rutgers Casualty (Rutgers) policy in which she was named insured. Rutgers appeals from the grant of summary judgment to NJM dismissing Rutgers’ declaratory judgment action seeking equitable pro-rata contribution from NJM and requiring its participation in arbitration. Rutgers claims entitlement to such relief under N.J.S.A. 39:6A-11 (section 11) and argues that enactment of N.J.S.A. 39:6A-4.2 (section 4.2) has no…