Terms Used In New Jersey Statutes 39:6A-7

  • Arrest: Taking physical custody of a person by lawful authority.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
7. Exclusions. a. Insurers may exclude a person from benefits under sections 4 and 10 of P.L.1972, c.70 (C. 39:6A-4 and 39:6A-10), medical expense benefits provided in section 4 of P.L.1998, c.21 (C. 39:6A-3.1) and benefits provided in section 45 of P.L.2003, c.89 (C. 39:6A-3.3) if that person’s conduct contributed to his personal injuries or death occurred in any of the following ways:

(1) while committing a high misdemeanor or felony or seeking to avoid lawful apprehension or arrest by a police officer; or

(2) while acting with specific intent of causing injury or damage to himself or others.

b. An insurer may also exclude from the benefits provided in sections 4 and 10 of P.L.1972, c.70 (C. 39:6A-4 and 39:6A-10), the medical expense benefits provided in section 4 of P.L.1998, c.21 (C. 39:6A-3.1) and benefits provided in section 45 of P.L.2003, c.89 (C. 39:6A-3.3) any person having incurred injuries or death, who, at the time of the accident:

(1) was the owner or registrant of an automobile registered or principally garaged in this State that was being operated without personal injury protection coverage;

(2) was occupying or operating an automobile without the permission of the owner or other named insured;

(3) was a person other than the named insured or a member of the named insured’s family residing in his household, if that person is entitled to coverage under section 4 or section 10 of P.L.1972, c.70 (C. 39:6A-4 or 39:6A-10), or both, 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), as a named insured or member of the named insured’s family residing in his household under the terms of another policy; or

(4) was a member of the named insured’s family residing in the named insured’s household, if that person is entitled to coverage under section 4 or section 10 of P.L.1972, c.70 (C. 39:6A-4 or 39:6A-10), or both, 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) as a named insured under the terms of another policy.

L.1972,c.70,s.7; amended 1972, c.203, s.5; 1983, c.362, s.10; 1997, c.270; 1998, c.21, s.10; 2003, c.89, s.51.