Opinion
Argued April 19, 1982 —
Decided May 13, 1982.
Insured brought suit seeking personal injury protection benefits under automobile insurance policy. The Superior
Appeal from the Superior Court, Appellate Division, Pressler, J.A.D.
William F. Hartigan, Jr. argued the cause for appellant ( McLaughlin Cooper, attorneys).
Benjamin N. Cittadino argued the cause for respondent ( Pellettieri, Rabstein Altman, attorneys).
The judgment of the Appellate Division is reversed, substantially for the reasons expressed in the dissenting opinion of Judge Allcorn, reported at 180 N.J. Super. 146, 152 (1981).
We would affirm the judgment of the Appellate Division substantially for the reasons expressed in the opinion of the majority of that court, reported at 180 N.J. Super. 146 (1981).
For reversal — Chief Justice WILENTZ and Justices CLIFFORD, SCHREIBER and POLLOCK — 4.
For affirmance — Justices PASHMAN, HANDLER and O'HERN — 3.