Tomei v. Ins. Co. of North America

COBURN, J.S.C.

Plaintiff sued defendant Insurance Company of North America (INA) for personal injury protection benefits (PIP) under the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 et seq., commonly referred to as the “No-Fault Law.” Both parties demand summary judgment regarding liability. For the following reasons, I will grant plaintiff’s motion.

The facts are not in dispute. On February 28, 1982, plaintiff was injured when the motorcycle on which he was a passenger collided on a public road with an automobile insured by INA. Plaintiff did not own an automobile and was not…