Benyola v. Allstate Insurance

The opinion of the court was delivered by

STERN, J.A.D.

This appeal requires us to interpret provisions of N.J.S.A. 39:6A-13(d), a section of the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 et seq. Specifically, we must decide whether plaintiffs, who sought Personal Injury Protection (PIP) benefits under plaintiff Philip Benyola’s policy of insurance with defendant, were justified in refusing to attend physical examinations as directed by defendant, Allstate Insurance Company.

Plaintiffs were injured in an automobile accident and filed claims for PIP from defendant. By letter…