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Hoglin v. Nationwide Mutual Insurance Co.

Decided: November 9, 1976.

WAYNE HOGLIN, PLAINTIFF-APPELLANT,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT



Lora, Crane and Michels. The opinion of the court was delivered by Michels, J.A.D.

Michels

Plaintiff Wayne Hoglin appeals from a judgment of the Law Division in favor of defendant Nationwide Mutual Insurance Company. Plaintiff sought reimbursement under the Basic Personal Injury Protection Endorsement (PIP) provisions of the comprehensive automobile insurance policy issued to him by defendant for medical expenses incurred as the result of bodily injury sustained in an automobile accident.

The facts essential to the resolution of the coverage question involved are not in dispute. Plaintiff was injured when the motorcycle he was operating struck an automobile owned and operated by another. At the time of the accident plaintiff was the named insured in an automobile policy covering his 1970 Ford van. His claim for medical expense benefits was made under the PIP endorsement of that policy. It provides, in pertinent part, basic personal injury protection coverage to "each eligible injured person" consisting of:

(a) medical expense benefits,

(b) income continuation benefits,

(c) essential services benefits,

(d) survivor benefits, and

(e) funeral expense benefits

with respect to bodily injury, caused by accident and arising out of the ownership, maintenance or use, including loading or unloading, of a private passenger automobile as an automobile.

Under that policy, an eligible injured person is defined as:

(a) the Named Insured or any relative of the Named Insured, if the Named Insured or ...


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