AAA Mid-Atlantic Insurance v. Prudential Property & Casualty Insurance

The opinion of the court was delivered by

AXELRAD, J.T.C.

(temporarily assigned).

The two issues raised in this appeal are: (1) whether courts, rather than arbitrators, have jurisdiction to determine if parents who serve alcoholic beverages to their adult son, who is injured in a one-vehicle collision, are “tortfeasors” under the New Jersey Automobile Reparation Reform Act’s reimbursement provision, N.J.S.A. 39:6A-9.1, and (2) whether, under this provision, the son’s automobile insurance carrier is entitled to reimbursement from the parents’ homeowners’ carrier for the personal injury protection…