Jablonowska v. Suther

This appeal presents the question whether the verbal threshold provision in the Automobile Insurance Cost Reduction Act of 1998 (AICRA), N.J.S.A. 39:6A-1.1 to -35, which acts as a limitation on an insured’s ability to sue an errant operator of a motor vehicle, can apply to bar an insured from maintaining a claim for negligent infliction of emotional distress pursuant to the liability theory announced by this Court in Portee v. Jaffee, 84 N.J. 88, 417 A.2d 521 (1980). In Portee, we recognized a plaintiffs entitlement to recompense for the severe emotional harm that may be expected from having…