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Thursday, March 5, 2009

2-19-09 Livsey v. Mercury Insurance Group (A-96-07)

2-19-09 Camie Livsey v. Mercury Insurance Group (A-96-07)

There are fundamental differences between the personal injury
protection (PIP) statute and the uninsured motorist (UM) statute
sufficient to bar the importation of the extent of PIP coverage
in the context of a drive-by shooting to a UM coverage question.
Also, because the insured’s injuries from the drive-by shooting
were not causally connected to the insured’s use of her motor
vehicle, the Court reverses the judgment of the Appellate
Division and reinstates the trial court’s judgment in favor of the insurer.