Aetna Insurance Company, as Subrogee of Higinio Otero, Plaintiff-Appellant v. Gilchrist Brothers, Inc. and Johnnie…

Summary

The Supreme Court of New Jersey affirmed the dismissal of Aetna's subrogation claim, holding that the No-Fault Act's evidentiary exclusion of PIP payments (N.J.S.A. 39:6A-12) eliminates any right of a PIP insurer to sue the tortfeasor, and that the single controversy doctrine does not bar Aetna's action because it does not require joinder of parties. The Court also rejected the release defense, finding it inapplicable without Aetna's participation.