Bowe v. New Jersey Manufacturers Insurance

The opinion of the court was delivered by

FUENTES, J.A.D.

In this appeal we are asked to decide whether a plaintiff seeking Personal Injury Protection (PIP) benefits under N.J.S.A 39:6A-4 must prove that the treatment she received was causally related to a particular automobile accident when the insurer asserts a pre-existing injury or condition as a defense. We hold that a plaintiff seeking PIP benefits must prove, by a preponderance of the evidence, that the treatment for which she seeks reimbursement was proximately caused by the particular automobile accident triggering coverage under her…