IFA Ins. Co. v. Atlantic Mut. Ins. Co

In IFA Ins. Co. v. Atlantic Mut. Ins. Co., 331 N.J. Super. 217, 221, 751 A.2d 610 (App.Div.2000), an employee was injured while driving a company car with PIP coverage issued by Atlantic Mutual. That employee was, however, paid PIP by IFA, the insurer of his own personal vehicle. When IFA sought contribution under Section 11, Atlantic Mutual asserted the follow-the-family exclusion in its policy. The trial court dismissed the claim citing Rutgers and we affirmed. The Court stated: In this case, the person was injured while driving his employer's vehicle. The named insured on the policy covering the vehicle is a corporation (EMCO). Theoretically, the named insured cannot sustain injuries, nor can it have any "resident relatives" capable of sustaining injuries while traveling in another person's automobile. In that sense, the PIP coverage appears somewhat illusory. In addition, it does not appear economically rational to charge the cost of PIP benefits to DiNicola's personal policy when as an employee, he uses his corporate vehicle for most of his driving needs. Under such circumstances, EMCO's carrier should expect to be obligated for PIP benefits. Arguably, it would seem more rational for a corporate policy to be interpreted to mean that the terms "named insured" and "resident family members" included "employees." IFA Ins. Co., 331 N.J. Super. at 221, 751 A.2d 610.