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Case Law Cited in New Jersey

1 court decision cited across these pages. These are provided as legal background, not as advice about any particular case.

Rutgers Cas. Ins. Co. v. LaCroix, 390 N.J. Super. 277, 915 A.2d 89 (App. Div. 2007)

Where a father obtained an auto policy by materially misrepresenting his household by failing to list his licensed daughter as a driver, and the daughter was injured while driving his insured car with his permission, the Appellate Division affirmed rescission of the policy for material misrepresentation but reversed the denial of PIP benefits to the daughter. It held that the daughter, though a first-party additional insured under her father's policy, was an innocent party — unaware of her parent's misrepresentations, residing in the insured's household, licensed, and injured while driving the insured parent's car with permission — and was therefore entitled to the protections of the compulsory PIP coverage required by N.J.S.A. 39:6A-4. Her recovery was limited on remand to the statutory minimum PIP benefits, and underinsured motorist benefits were denied.

Cited on: Insurance Steps After a Permit Driver Is Rear-Ended in New Jersey

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