Sikking v. Selected Risks Insurance

OPINION

KLEINER, J.S.C.

The novel question posed in this declaratory judgment suit is whether the interpretation of legislative intent of the PIP statute, N.J.S.A. 39:6A-2(d) and 39:6A-4(b), as set forth in Gambino v. Royal Globe Ins. Co., 86 N.J. 100 (1981), is applicable to the factual issues raised at trial.

In particular, the Court must determine whether the decedent, Herman Sikking, was an “income producer,” as defined by N.J.S.A. 39:6A-2(d), at the time of his death on June 13, 1982.

Herman Sikking was employed with Owens-Illinois Kimble Division as a glassworker from October 18, 1965 until…