New Jersey Manufacturers Insurance v. Hardy

LISA, J.A.D.,

dissenting.

In my view, the 1999 Ford Crown Victoria owned and used by the City of Newark as a marked police car is an “automobile” within the meaning of N.J.S.A 39:6A-2a. Because Kason Cheeks was injured while occupying that vehicle, he is entitled to pursue collection of personal injury protection (PIP) benefits from New Jersey Manufacturers Insurance Company (NJM) under its policy issued to Cheeks’ father, with whom Cheeks resided at the time of the accident. N.J.SA 39:6A-4. Therefore, I dissent.

PIP benefits are payable to covered individuals “who sustain bodily injury as a…