Rosa Aponte-Correa, Formerly Known as Rosa Aponte, Plaintiff-Respondent v. Allstate Insurance Company…

Summary

The Court held that a Personal Injury Protection claimant who has received benefits may bring an action for further benefits either within the original four‑year/ two‑year‑after‑expense period or within two years of the insurer’s last payment of benefits. The Court based its holding on statutory construction, the permissive language “may,” and prior decisions such as Bell and Zupo, finding the less restrictive interpretation faithful to the Act’s remedial purpose. The decision affirms the Appellate Division and remands for further proceedings. Justice Verniero dissented, arguing that the statute’s plain language requires the two‑year‑after‑payment limitation exclusively.