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Thursday, December 18, 2008

Riverside Chiropractic Group, a/s/o Megan Machado v. Mercury Insurance Company


In this personal injury protection (PIP) action, the assignee of an insurance contract challenged the Alternative Procedure for Dispute Resolution Act's (APDRA), bar to appellate review, arguing that the statute was unconstitutional as applied. N.J.S.A. 2A:23A-18(b). We dismissed, holding that the statutory bar to appellate review was not unconstitutional as applied because the applicable insurance contract did not require the insured to file any claims he/she had in arbitration. The fact that the assignee in this case opted to arbitrate instead of sue amounted to a voluntarily waiver of the right to appellate review.
We further held that the facts before us did not give rise to our exercising our "supervisory function" to review the Law Division's actions.