10-07-09 New Jersey Manufacturers Insurance Company v. Bergen
Ambulatory Surgery Center
A-0307-08T2
In this case, plaintiff automobile insurer sought discovery
in the Law Division pursuant to N.J.S.A. 39:6A-13 for use in
personal injury protection (PIP) arbitration proceedings. The
nature of the discovery was the annualized billing and payment
history of the defendant ambulatory surgery center for certain
services that were subject to a usual, customary, and reasonable
(UCR) analysis in the PIP arbitration proceedings. We hold that
this type of expansive discovery is not obtainable under
N.J.S.A. 39:6A-13 as of right in the Law Division. We therefore
affirm the trial court's dismissal of plaintiff's action.
Assistant Editor: Umair Hussain
