N.J. Pip

MEDICAL PROVIDERS MAY WIN LEGAL FEES WITHOUT SHOWING PIP INSURER BAD FAITH

The N.J. Law Journal reports:

A medical provider who successfully defends against an insurance carrier’s suit over PIP benefits can collect attorneys’ fees and costs without having to prove bad faith, a state appeals court ruled on Wednesday. The Appellate Division, in IFA Insurance Co. v. Millburn Surgical Center, A-5352-09 found an Essex County judge erred in declining to award fees where a carrier failed in its challenge to the amount of an arbitrator’s award to a medical provider. “[A]n award for attorney’s fees and costs in an action to enforce insurance benefits is supported by ‘[t]he theory … that one covered by a policy is entitled to the full protection provided by the coverage, and that benefit should not be diluted by the insured’s need to pay counsel fees in order to secure its rights under the policy,'” the judges said.

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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 and beating NYC parking tickets for the driving community

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