Fernandez v. Nationwide Mutual Fire Insurance

Broadly described, N.J.S.A. 39:6A-9.1 provides that an insurer may recover, from a tortfeasor, personal injury protection (PIP) benefits paid to its insured as a result of an automobile accident. The issue presented in this case is straightforward: whether the statute authorizes reimbursement to the PIP carrier when the tortfeasor’s policy is insufficient to cover the insured’s total damages. In other words, who bears the loss when either the insured *594or the insurer will come up short? In my opinion, the Legislature intended the earner to be reimbursed for its PIP payments only to the extent…