Friday, April 23, 2010

FSC Squashes 3d DCA on PIP Statute Retroactivity!


Oh oh -- the 3d DCA got "squashed."

Hold on, I meant to say an opinion of the 3d DCA got quashed:
Because we conclude that the 2001 amendment creating the statutory presuit notice provisions constitutes a substantive change to the statute, we hold that it cannot be retroactively applied to insurance policies issued before the effective date of the amendment and quash the decision of the Third District in Menendez.
Actually, the 3d already got quashed, squashed, whatever once in this case back in February.

This new opinion is revised and clarified as to the attorney's fees on remand, but reaches the same conclusion.

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