07-01-09 DONNA HAND V. PHILADELPHIA INSURANCE COMPANY
A-1957-07T1
Contrary to the result reached by our colleagues in Olkusz
v. Brown, 401 N.J. Super. 496 (App. Div. 2008), we conclude that
the Legislature implicitly intended the so-called "Scutari
Amendment," N.J.S.A. 17:28-1.1(f), to be applied retroactively.
However, under the facts of this case, we also conclude that to
do so would result in a manifest injustice to defendant insurer.
Richard Sadowski
Assistant Editor
