Court reinstates truck driver's and Anesthesia Group's PIP claim against Auto Club in employment dispute
Raad Marough was a truck driver injured in a collision that occurred while he was operating a truck as an independent contractor. Marough owned the truck, but leased it to another entity. The involved vehicle insurers argued over who was the priority insurer for paying PIP medical benefits, with the dispute centering on whether Marough was working for an "employer" at the time of his injuries. Under the no fault statute, an employer's coverage comes into play before the private individual's personal vehicle insurer. Because the trial judge did not apply the proper "economic reality" test to determine whether Marough was "employed" when the wreck happened, the case was returned to the lower court for decision.