Aponte-Correa v. Allstate Insurance

The opinion of the court was delivered by

BROCHIN, J.A.D.

Plaintiff Rosa Aponte-Correa sued defendant Allstate Insurance Company for PIP benefits. Summary judgment was granted dismissing her complaint on the ground that it was barred by the applicable statute of limitations, N.J.S.A 39:6A-13.1a. We reverse.

N.J.S.A 39:6A-13.1a consists of two parts, a proviso and the language that precedes it. To facilitate our discussion of the statute, we will refer to the language that precedes the proviso as the “first part” of the statute, and the language of the proviso as the “second part.”1 The first…