Lilly v. Prudential Insurance

OPINION

MENZA, J.S.C.

Each party moves for summary judgment.

The question presented in this case is whether personal injury protection (PIP) benefits can be denied to an owner of an uninsured operable automobile which had not been operated and had been placed in storage by its owner prior to the accident.

There are no cases which have addressed this issue.

On June 9, 1988, plaintiff sustained injuries in an automobile accident which occurred when she was operating an automobile owned by her cousin and insured by the defendant, Prudential. *359At the time of the accident, plaintiff was the owner of an…