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Monday, January 17, 2011

NEW JERSEY MANUFACTURERS INSURANCE GROUP v. HOLGER TRUCKING CORPORATION A-0365-09T3

NEW JERSEY MANUFACTURERS INSURANCE GROUP v. HOLGER TRUCKING CORPORATION

A-0365-09T3 1-07-11

N.J.S.A. 39:6A-9.1 requires that an insurer, which has provided personal injury protection (PIP) benefits, must commence suit for reimbursement from a tortfeasor within two years of "the filing of the claim." In this appeal, the court recognized that this phrase was ambiguous and held, in interpreting the statute, that "the filing of the claim" is an insured's submission of a completed claim form to the insurer and not the first notice of the accident or either the first or last request for payment of a medical bill.