The Superior Court of New Jersey addressed whether the state's no fault insurance law bars an insured who was intoxicated at the time of an accident from collecting personal injury protection (PIP) benefits in Walcott v. Allstate New Jersey Ins. Co., 2005 WL 839506 (N.J. Super A.D. Apr. 13, 2005).

 

While intoxicated, Melanie Walcott was involved in a one-car collision. She sustained bodily injury in the accident and sought PIP benefits under her Allstate policy. Allstate denied the claim because Walcott was convicted of driving while intoxicated (DWI). Allstate claimed that the policy's PIP benefits did not apply when the insured's bodily injury resulted from her operation of a motor vehicle while intoxicated.