Aponte-Correa v. Allstate Insurance

744 A.2d 175, 162 N.J. 318, 2000 N.J. LEXIS 20
CourtSupreme Court of New Jersey
DecidedFebruary 1, 2000
StatusPublished
Cited by104 cases

This text of 744 A.2d 175 (Aponte-Correa v. Allstate Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aponte-Correa v. Allstate Insurance, 744 A.2d 175, 162 N.J. 318, 2000 N.J. LEXIS 20 (N.J. 2000).

Opinions

The opinion of the Court was delivered by

STEIN, J.

This appeal requires us to interpret the provision of the No Fault Insurance Act (the Act), N.J.S.A. 39:6A-1 to -35, that [321]*321prescribes limitations periods for suits arising out of the refusal by an insurer to pay medical expenses resulting from an automobile accident. The Act provides in pertinent part:

Every action for the payment of benefits ... shall be commenced not later than 2 years after the injured person or survivor suffers a loss or incurs an expense and either knows or in the exercise of reasonable diligence should know that the loss or expense was caused by the accident, or not later than 4 years after the accident whichever is earlier, provided* however, that if benefits have been paid before then an action for further benefits may be commenced not later than % years after the last payment of benefits.
[N.J.S.A. 39:6A-13.1a 1 (emphasis added).]

The unitalicized or “first” portion of the statute requires claimants to file suit within two years of the known injuries or expenses and within four years of the date of the accident, whichever is earlier. Ibid. The italicized or “second” portion of the statute provides that an action seeking payment for further benefits may be instituted within two years of the insurer’s last payment of benefits. Ibid. The interpretative issue is whether Personal Injury Protection (PIP) claimants who receive from their own carrier a payment of medical benefits at any time within the limitations period set forth in the first part of the statute are restricted in bringing suit against their carrier to the limitation period provided in the second part of the statute, or whether they may take advantage of either the limitations period in the first or second portion of the statute. The Appellate Division held that an action for further benefits by a claimant who had received PIP benefits within four years of the accident is timely if it complies with either portion of the statute. We granted defendant’s petition for certification, 160 N.J. 91, 733 A.2d 496 (1999), and now affirm.

I

The critical facts of this case are undisputed. On November 22, 1992, plaintiff Rosa Aponte-Correa was injured in an automobile [322]*322accident. After undergoing a series of tests, plaintiff was diagnosed with borderline Carpal Tunnel Syndrome and also was treated for neck pain. Defendant Allstate Insurance Company (Allstate) paid plaintiffs medical expenses from December 1992 until December 28, 1993. On July 10, 1995, plaintiff underwent further medical testing for symptoms related to the 1992 accident. Those tests revealed continued borderline Carpal Tunnel Syndrome and- neck pain. Despite repeated telephone calls and letters from plaintiff to Allstate between February 1,1996 and the filing of suit, Allstate never issued a “cut-off’ letter to plaintiff. Because of her concern about the statute of limitations, plaintiff pressed Allstate for an answer about whether it intended to pay the bills or whether she should file suit. Allstate responded that it had not received the bills and that plaintiff should “do whatever she has to do.” Allstate subsequently declined either to pay or to reject the bills submitted by plaintiff.

On July 24, 1996, plaintiff filed a complaint for payment of her PIP benefits. Although the complaint was filed within four years of the accident and within two years of the date that plaintiff incurred her first uncompensated expense, the filing date was more than two years after Allstate’s last payment of PIP benefits. Subsequently, the parties proceeded to an arbitration hearing that resulted in Allstate being ordered to pay plaintiffs medical bills, counsel fees, and costs. Allstate refused to pay and moved for summary judgment, asserting the protection of the statute of limitations provision of the Act, N.J.S.A. 39:6A-13.1a. Allstate contended that plaintiffs claim was time-barred because it was not filed within two years of its last payment of benefits.

Accepting Allstate’s assertion, the trial court found that plaintiffs suit was barred because it was commenced more than two years after the last payment by Allstate, and therefore granted summary judgment to Allstate. The Appellate Division reversed. It held that “[t]he statute of limitations is satisfied if the date of commencement of suit meets either of the[ ] two alternative tests.” [323]*323Aponte-Correa v. Allstate Ins. Co., 317 N.J.Super. 597, 606, 722 A.2d 955 (App.Div.1999).

II

A

The view of our dissenting colleagues, the decisions of the various Appellate Division panels that have construed the statute, and the literal language of the statute persuade us that the statute at issue is susceptible to more than one interpretation. Because the PIP limitations statute is not clear and unambiguous, we consider sources other than the literal words of the statute to guide our interpretative task. “If the text ... is susceptible to different interpretations, the court considers extrinsic factors, such as the statute’s purpose, legislative history, and statutory context to ascertain the legislature’s intent.” Township of Pennsauken v. Schad, 160 N.J. 156, 170, 733 A.2d 1159 (1999). Above all, we “seek to effectuate the ‘fundamental purpose for which the legislation was enacted.’” Ibid, (quoting New Jersey Builders, Owners and Managers Ass’n v. Blair, 60 N.J. 330, 338, 288 A.2d 855 (1972)). Where a literal reading will lead to a result not in accord with the essential purpose and design of the act, the spirit of the law will control the letter. Jersey City Chap. Prop. Owner’s Protective Ass’n v. City Council, 55 N.J. 86, 100, 259 A.2d 698 (1969). As Justice Jacobs stated, “[w]hen all is said and done, the matter of statutory construction ... will not justly turn on literal-isms, technisms, or the so-called formal rules of interpretation; it will justly turn on the breadth of the objectives of the legislation and the commonsense of the situation.” Ibid.

The underlying purpose of the No Fault Act is reparation. See Automobile Insurance Study Commission, Reparation Reform for New Jersey Motorists at 7 (December 1971) (Commission’s Report). It was enacted primarily to assure that injured plaintiffs are compensated promptly for medical treatment resulting from injuries received in an automobile accident. Id. at 7 [324]*324(stating that one of four objectives of No Fault Law is to ensure “the prompt and efficient provision of benefits for all accident injury victims”).

This Court’s decisions in Zupo v. CNA Insurance Company, 98 N.J. 30, 483 A.2d 811 (1984) and Rahnefeld v. Security Insurance Company of Hartford, 115 N.J. 628, 560 A.2d 670 (1989) illustrate the beneficent purposes of the statute. In Zupo,

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Bluebook (online)
744 A.2d 175, 162 N.J. 318, 2000 N.J. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aponte-correa-v-allstate-insurance-nj-2000.