Interim national arbitration forum decisions not appealable

Court has no Jurisdiction to Review Interim Decisions by PIP Arbitrators

The NJ Law Journal reports today:

Interim actions by the National Arbitration Forum in PIP benefits disputes aren’t subject to judicial review, and so a trial judge should not have overturned an NAF case coordinator’s case-management decision, a state appeals court ruled Monday.

While regulations authorize judicial review of final arbitration awards in Personal Injury Protection cases, no such review is provided for intermediate rulings, and to allow it would contravene the state’s strong public policy against piecemeal resolution of PIP disputes, the Appellate Division said in Allstate New Jersey Ins. Co. v. Neurology Pain Associates, A-3104-09. Allstate had argued that review is authorized under N.J.A.C. 11:3-5.1(a), which states that “this subchapter also implements provisions of [the Alternative Procedure for Dispute Resolution Act] as applicable to PIP dispute resolution.”

But the court found insufficient intent that the banking and insurance commissioner intended all the provisions of the APDRA to apply to arbitrations conducted by the NAF.

NJ PERSONAL INJURY PROTECTION OVERVIEW-PDF

(Here’s a link to an excellent insurance website)

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information, tips and tricks to help drivers beat NYC parking tickets.

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