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).

Tyrell Hardy v. Humza Abdul-Matin, et al., and Liberty Mutual Ins. Co. (A-112-07)

Argued November 5, 2008 -- Decided March 5, 2009

WALLACE, J., writing for a majority of the Court.

The issue presented in this appeal is whether a passenger who did not know the vehicle he was in was stolen is entitled to Personal Injury Protection (PIP) benefits under an insurance policy with an exclusion that tracks the language of N.J.S.A. 39:6A-7(b)(2), which authorizes insurers to deny benefits to someone who “was occupying or operating an automobile without the permission of the owner or other named insured.”