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Hermann v. Rutgers Casualty Insurance Co.

Decided: November 19, 1987.

SAROLTA HERMANN, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT,
v.
RUTGERS CASUALTY INSURANCE COMPANY, DEFENDANT-APPELLANT, AND CROSS-RESPONDENT



On appeal from the Superior Court of New Jersey, Law Division, Somerset County.

Furman, Long and Scalera. The opinion of the court was delivered by Scalera, J.A.D.

Scalera

This suit involves a claim for personal injury protection (PIP) benefits to pay for medical expenses incurred as a result of personal injuries sustained in an automobile accident in Hungary.

The facts are not in dispute. On April 13, 1985 plaintiff Sarolta Hermann and her teenaged daughter, Erika, were passengers in a rented motor vehicle being operated by plaintiff's husband, the named insured Laszlo Hermann, in Alsonyek, Hungary, where they were vacationing. Laszlo lost control causing the vehicle to leave the traveled portion of the highway resulting in serious personal injuries to his wife and daughter. Both were required to receive extensive medical treatment in Hungary and West Germany. Upon their return to the United States, further medical treatment was necessitated.

It is not contested that plaintiff and her daughter are beneficiaries of the PIP provisions of the New Jersey policy of automobile insurance which had been issued to Laszlo by appellant, Rutgers Casualty Insurance Company (RCIC). That policy provided that,

This policy applies only to accidents and losses which occur:

2. Within the policy territory.

The policy territory is:

1. The United States of America, its territories or possessions:

2. Puerto Rico: or

3. Canada.

This policy also applies to loss to, or accidents involving, your covered auto while being ...


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