SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Christine Thomsen v. Janice D. Mercer-Charles, etc., et al. (A-35-05)

Argued January 30, 2006 -- Decided June 19, 2006

LaVECCHIA, J., writing for a unanimous Court.

The New Jersey Property-Liability Insurance Guaranty Act (the Act), which is modeled on an act (the Model Act) drafted by the National Association of Insurance Commissioners, provides a mechanism for the payment of claims on behalf of member insurers that become insolvent. This appeal involves interpretation of the Act’s setoff provision under which this Court must determine whether the Act requires payment to a victim when another solvent insurer has paid the victim an amount that exceeded the Act’s maximum per claim payable amount but did not fully cover the victim’s damages.