Edward Zabilowicz v. Roslyne Kelsey (A-87-08)
12-17-09
In this automobile insurance case, under the plain
language of N.J.S.A. 39:6A-8(a), the limitation-on-
lawsuit threshold can be invoked only by a defendant
who is eligible to receive New Jersey PIP benefits.
Because the defendant’s out-of-state insurance policy
does not provide her with this State’s PIP benefits,
she is subject to suit for noneconomic damages without
restriction under that statute.
