Legal Opinion · Dissent
Aetna Ins. Co. v. Gilchrist Brothers, Inc.
Supreme Court of New Jersey
Decided April 7, 1981Published
1DissentSullivan, J.
While I concur in parts I and II of the majority opinion, I disagree with the majority’s conclusion in part III, that subrogation law bars Aetna’s claim in this case. Since I am convinced that today’s ruling will result in private automobile owners “subsidizing” the cost of insurance on non-PIP-covered commercial vehicles in this State, and since such a result is unreasonable *568and inequitable on its face and clearly conflicts with the purposes of the No Fault Act,1 I respectfully dissent.
Under today’s ruling the tortfeasor is given immunity from liability for the PIP damages he caused and…
2Cases cited6 opinions
- Cirelli v. Ohio Casualty Insurance Co.Supreme Court of New Jersey · 1977
- Midland Bank & Trust Co. v. Fid. & Deposit Co. of Md.District Court, D. New Jersey · 1977
- Pa. Mfrs. Assn. Ins. Co. v. Gov't Emp. Ins. Co.New Jersey Superior Court Appellate Division · 1975
- Cirelli v. Ohio Casualty Insurance Co.New Jersey Superior Court Appellate Division · 1975
- Fidelity & Cas. Co. of NY v. First Nat. Bank in Ft. LeeDistrict Court, D. New Jersey · 1975
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