Hardy Ex Rel. Dowdell v. Abdul-Matin

Justice WALLACE, JR.

delivered the opinion of the Court.

This is an insurance coverage case. The question presented is whether a passenger who did not know the vehicle he was in was stolen is entitled to Personal Injury Protection (PIP) benefits under an insurance policy with an exclusion that tracks the language of N.J.S.A. 39:6A-7(b)(2), which authorizes insurers to deny benefits to someone who “was occupying or operating an automobile without the permission of the owner or other named insured.” Plaintiff, a juvenile, was injured while riding in a stolen vehicle. He asserted that he did not…