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Tuesday, September 14, 2010

CUPIDO V. PEREZ A-4557-08T2

CUPIDO V. PEREZ

A-4557-08T2 08-27-10

The question presented is whether an out-of-state resident

whose automobile is insured by an insurance company, which,

although not authorized to transact either private passenger

automobile or commercial motor vehicle insurance business in

this State, controls affiliate companies that are authorized to

transact commercial motor vehicle business in the State, is

subject to the limitation-on-lawsuit threshold pursuant to

N.J.S.A. 17:28-1.4, commonly referred to as the deemer statute. We answered the question in the affirmative.