Supreme Court of New Jersey

Tyrell Hardy, by and Through His Guardian Ad Litem Vera Dowdell, Plaintiff-Respondent v. Humza Abdul-Matin, Merrick…

March 5, 2009198 N.J. 95

Summary

The Supreme Court of New Jersey held that a juvenile passenger who unknowingly rode in a stolen vehicle is not entitled to Personal Injury Protection benefits because the statutory and policy exclusions plainly require the owner's permission, rejecting the appellate division's scienter requirement. The Court reversed in part the appellate judgment and remanded for entry of judgment for the insurer. Justice LONG dissented, arguing the majority misapplies the statute's purpose.