State Farm Mutual Automobile Insurance v. Licensed Beverage Insurance Exchange

The opinion of the Court was delivered by

COLEMAN, J.

The issue raised in this appeal is whether a tavern is a “tortfeasor” under the New Jersey Automobile Reparation Reform Act’s reimbursement provision, N.J.S.A 39:6A-9.1, who is potentially responsible for reimbursing personal injury protection (PIP) benefits paid by a private passenger automobile carrier to one of its insureds because of the tavern’s negligence.

The trial court, relying on Allstate Ins. Co. v. Coven, 264 N.J.Super. 240, 624 A.2d 594 (App.Div.1993), submitted the issue of reimbursement, pursuant to N.J.S.A. 39:6A-9.1, to…