JEFFREY E. SCHOLES VS. STEPHEN M. HAUSMANN (L-0137-16, ESSEX COUNTY AND STATEWIDE) ( 2018 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0980-17T3
JEFFREY E. SCHOLES,
Plaintiff-Appellant,
v.
STEPHEN M. HAUSMANN,
Defendant-Respondent,
and
KIMBERLY A. LOGAN,
Defendant.
___________________________
Argued October 2, 2018 – Decided October 16, 2018
Before Judges Fisher, Geiger and Firko.
On appeal from Superior Court of New Jersey, Law
Division, Essex County, Docket No. L-0137-16.
Michael J. Maggiano argued the cause for appellant
(Maggiano, Digirolamo & Lizzi, PC, attorneys;
Michael J. Maggiano, of counsel and on the briefs;
Jeffrey M. Zajac, on the briefs).
Patricia W. Holden argued the cause for respondent
(Cipriani & Werner, PC, attorneys; Matthew K.
Mitchell, of counsel; Patricia W. Holden, on the brief).
Gina M. Stanziale argued the cause for amicus curiae
Insurance Council of New Jersey (Methfessel &
Werbel, attorneys; Gina M. Stanziale, of counsel and
on the brief; Alicia C. Langone, on the brief).
John V. Mallon argued the cause for amicus curiae New
Jersey Defense Association (Chasan, Lamparello,
Mallon & Cappuzzo, PC, attorneys; John V. Mallon and
Ryan J. Gaffney, on the brief).
PER CURIAM
Plaintiff appeals from an order granting summary judgment to defendant
Stephen M. Hausmann ("defendant") and dismissing the complaint based on the
court's finding that plaintiff was uninsured within the meaning of N.J.S.A. 39:A-
4.5(a)1, and thereby barred from recovering damages for economic and non-
economic losses. We affirm.
I.
We consider the undisputed facts from the record and view them and all
reasonable inferences in the light most favorable to plaintiff. Brill v. Guardian
Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). On October 23, 2014, plaintiff
1
Plaintiff has not appealed the order granting summary judgment to defendant
Kimberly A. Logan on the issue of agency liability, and she is not participating
in this appeal.
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and defendant were involved in an automobile accident in South Orange and
plaintiff suffered injuries. The vehicle he was driving was titled and registered
in his name using a friend's address in Florida, despite plaintiff living and
working in New Jersey for approximately five years. He failed to obtain a New
Jersey driver's license or to register his vehicle in New Jersey. Plaintiff
acknowledges that his vehicle was principally garaged in New Jersey. The judge
found that plaintiff "provided false information to the State of Florida as to his
residency." At his deposition, plaintiff testified he continued to maintain his
"Florida automobile insurance because . . . Florida insurance was less expensive
than New Jersey insurance."
As a result of his injuries, plaintiff applied for personal injury protection
("PIP") benefits through his Florida Geico automobile insurance policy. The
Florida policy was not approved by the New Jersey Commissioner of Banking
and Insurance, and it only provided $10,000 per person in medical benefits
coverage.
Defendant moved for summary judgment, arguing N.J.S.A. 39:6A-4.5(a)
barred plaintiff's claims because the Commissioner did not approve his
insurance policy and therefore, he was uninsured under the statute. Based upon
plaintiff's misrepresentations, defendant also argued that insurance fraud was
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committed pursuant to N.J.S.A. 2C:21-54.6, which was enacted to prevent
reverse rate evasion. Plaintiff countered that N.J.S.A. 39:6A-4.5(a) violates
procedural due process because it provides no notice of the prohibited conduct
and does not distinguish between New Jersey and out-of-state insurance. We
disagree.
II.
Every owner of an automobile principally garaged in New Jersey must
maintain automobile liability insurance coverage under provisions approved by
the Commissioner, including mandatory medical expense benefits coverage of
$15,000 per person. N.J.S.A. 39:6A-3, -3.1, -3.3; see also Caviglia v. Royal
Tours of Am., 178 N.J. 460, 466 (2004) (stating that "[a]ll owners of motor
vehicles registered or principally garaged in New Jersey are required to maintain
minimum amounts of standard, basic, or special liability insurance coverage for
bodily injury, death, and property damage caused by their vehicles"); Martin v.
Chhabra, 374 N.J. Super. 387, 391 (App. Div. 2005) (stating "that because an
out-of-state insured vehicle was principally garaged in New Jersey, the owner
must maintain PIP coverage") (citing Chalef v. Ryerson, 277 N.J. Super. 22, 26
(App. Div. 1994)).
N.J.S.A. 39:6A-4.5(a) provides:
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Any person who, at the time of an automobile accident
resulting in injuries to that person, is required but fails
to maintain medical expense benefits coverage
mandated by section 4 of P.L. 1972, c. 70 (C.39:6A-4),
section 4 of P.L. 1998, c. 21 (C.39:6A-3.1) or section
45 of P.L. 2003, c. 89 (C.39:6A-3.3) shall have no cause
of action for recovery of economic or noneconomic loss
sustained as a result of an accident while operating an
uninsured automobile.
The Legislature adopted N.J.S.A. 39:6A-4.5 in 1997 to limit the ability of
persons injured in motor vehicle accidents to sue persons responsible for their
injuries. Craig & Pomeroy, New Jersey Auto Insurance Law § 15:1 (2018).
"N.J.S.A. 39:6A-4.5(a) advances a policy of cost containment by ensuring that
an injured, uninsured driver does not draw on the pool of accident-victim
insurance funds to which he did not contribute." Caviglia, 178 N.J. at 471. The
1997 legislation limits a plaintiff's ability to sue when he or she has not complied
with the compulsory insurance law and "gives the uninsured driver a very
powerful incentive to comply with the compulsory insurance laws: obtain
automobile liability insurance coverage or lose the right to maintain a suit for
both economic and [non-economic] injuries." Ibid.In order to find that plaintiff was required to maintain New Jersey medical
expense benefits coverage, it must be established that his vehicle was principally
garaged in New Jersey. To determine where an automobile is principally
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garaged, the pivotal factor is where the vehicle "is primarily or chiefly kept" or
"kept most of the time[,]" not where the owner intends to reside. Chalef, 277
N.J. Super. at 27 (citations omitted).
Since plaintiff primarily garaged his vehicle in New Jersey, he was
required to maintain automobile liability insurance coverage under provisions
approved by the Commissioner, including mandatory medical expense benefits
coverage of $15,000 per person. As noted by the judge, "the Deemer Statute2
cannot save the [p]laintiff's failure to obtain an insurance policy approved by
the State of New Jersey." Plaintiff had a Florida insurance policy that the
Commissioner did not approve, and the policy did not provide medical expense
benefits coverage of $15,000 per person. Consequently, N.J.S.A. 39:6A -4.5(a)
bars plaintiff's cause of action for recovery of economic and non-economic
damages sustained as a result of the accident.
We find no ambiguity in the statute that would offend plaintiff's
procedural due process rights. As recognized by the motion judge, implicit in
the goal of the statute is that New Jersey residents, and those who principally
garage their automobile in this state, are required to maintain automobile
insurance coverage approved by the Commissioner of Banking and Insurance .
2
N.J.S.A. 17:28-1.4.
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To the extent we have not addressed plaintiff's remaining arguments, we
find them without sufficient merit to warrant discussion in a written opinion. R.
2:11-3(e)(1)(E).
Affirmed.
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