Publication Details

Robert A. Cappuzzo Gets $240,000 PIP Claim Against Client Dismissed

Robert A. Cappuzzo Gets $240,000 PIP Claim Against Client Dismissed

Robert A. Cappuzzo successfully defended a claim by a New Jersey hospital seeking to recover $240,000 in PIP benefits. The hospital provided treatment to an insured who was a passenger in a van owned and operated by a community organization to transport senior citizens to medical appointments free of charge. The insurance carrier exhausted its $10,000 MedPay coverage and denied PIP benefits. The hospital argued that the insured’s personal PIP coverage should apply since the van was being used as an “automobile” at the time of the loss. Rob convinced the Forthright arbitrator to agree that the van was not an “automobile” within the definition of N.J.S.A. 39:6A-2 and the entire $240,000 claim was dismissed.