Insurance — must be driving an automobile to be entitled to PIP coverage

While employed in a managerial capacity by Van Hydraulics, Inc., the plaintiff used a company-owned pick-up truck insured by the defendant, Allstate Insurance Company. While the plaintiff was driving the pick-up truck to his office from his home, he was involved in a serious motor vehicle accident and sustained significant injuries. The applicable policy did not include PIP coverage for the pick-up truck, although there was PIP coverage for another vehicle covered by the policy. Allstate also provided insurance for the plaintiff's personal vehicles, and that policy included PIP coverage. The Appellate Division affirmed the decision of the Law Division dismissing the plaintiff's claims for PIP benefits under both his personal policy and Van Hydraulics' policy. The motion judge correctly concluded that the plaintiff was not entitled to PIP coverage because, at the time of the accident, he was not driving an "automobile" as defined in the New Jersey Automobile Reparation Reform Act.

Case Law Alert - 1st Qtr 2011