Johnson ex rel. Johnson v. Prudential Property & Casualty Insurance

PEARSON, Judge.

The appellants are an infant daughter, who brought suit through her natural father and next friend, and the father, individually. The father and daughter appeal a judgment of the trial court holding that the daughter (pedestrian) and her father, the plaintiffs, are not entitled to recover the deductible portion of personal injury protection benefits from the defendant insurer of a tort-feasor.

The basic facts are not in dispute. The father took out an automobile insurance policy on his own car. This policy had a $2,000 personal injury protection deductible provision. His young…