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EVERETT v. STATE FARM INDEMNITY

Supreme Court of New Jersey.
Mar 6, 2003
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PER CURIAM

The judgment of the Appellate Division is affirmed, substantially for the reasons expressed in the Per Curiam opinion of the Appellate Division, reported at 358 N.J. Super. 400, 818 A.2d 372 (2001).

CHIEF JUSTICE PORITZ and JUSTICES COLEMAN, LaVECCHIA, ZAZZALI and ALBIN join in this opinion. JUSTICE LONG filed a separate dissenting opinion, in which JUSTICE VERNIERO joins.

LONG, J., dissenting.

I would affirm the entry of summary judgment in favor of State Farm. Like the dissenter below, Judge Fisher, I conclude that State Farm's bookkeeping entry, reflecting an adjustment to plaintiff's deductible is not a "payment" under N.J.S.A. 39:6A-13.1(a) or within common parlance.

Justice Verniero joins in this opinion.