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Everett v. State Farm Indemnity Company3/6/2003
Argued January 7, 2003
The judgment of the Appellate Division is affirmed, substantially for the reasons expressed in the Per Curiam opinion of the Appellate Division, reported at ___ N.J. Super. ___ (2001).
CHIEF JUSTICE PORITZ and JUSTICES COLEMAN, LaVECCHIA, ZAZZALI and ALBIN join in this opinion. JUSTICE LONG filed a separate dissenting opinion, in which JUSTICE VERNIERO joins.
LONG, J., dissenting.
I would affirm the entry of summary judgment in favor of State Farm. Like the dissenter below, Judge Fisher, I conclude that State Farm's bookkeeping entry, reflecting an adjustment to plaintiff's deductible is not a "payment" under N.J.S.A. 39:6A- 13.1(a) or within common parlance. Justice Verniero joins in this opinion.
Chief Justice Poritz PRESIDING
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