Karon K. Johnson, Plaintiff-Appellant v. Roselle Ez Quick LLC, L & J Liquor & Deli, Harshira Patel, Suresh Patel…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the 2011 amendment to N.J.S.A. 39:6A-9.1 does not apply retroactively and therefore does not bar GEICO’s reimbursement claim for PIP benefits paid to the plaintiff. The Court reasoned that the amendment contains no language indicating retroactive effect, is not curative, and the parties had no expectation that the amendment would apply to pre‑amendment claims. Justice Albin dissented, arguing that the amendment should preclude reimbursement and that GEICO lacks a vested right after the amendment’s effective date.