RAYMOND NESBY, ET AL. VS. SHERYL FLEURMOND, ET AL. (L-1923-16, MIDDLESEX COUNTY AND STATEWIDE) (A-0958-16T4)
In this automobile insurance coverage action, plaintiff sought recovery of his unpaid medical expenses from the defendant carriers that issued policies to the tortfeasor's mother and sister, with whom the tortfeasor resided. Plaintiff had exhausted his personal injury protection (PIP) benefits. And, he settled his claims with the tortfeasor and owner of the vehicle by accepting the policy limit under the owner's policy. Because plaintiff was not a named insured under the tortfeasor's relatives' policies, did not reside with the named insureds nor occupy a vehicle insured under those policies – and released the tortfeasor from any and all claims arising from the accident – the court held his claims against the defendant insurers fail.
