MIRIAM GONZALEZ V. NEW JERSEY PROPERTY
LIABILITY INSURANCE GUARANTY ASSOCIATION, ET AL.
(A-1298-07T2) 3-25-10
In this appeal we affirm the validity of the National
Arbitration Forum's Rule 4 (now known as Rule 9), of the New
Jersey No-Fault Arbitration Rules, which requires an individual
seeking emergent medical treatment disputed by a personal injury
protection (PIP) insurer to demonstrate "immediate and
irreparable loss or damage." The challenges included: (1)
whether Rule 4 violates the Administrative Procedures Act; (2)
was ultra vires; (3) imposed additional requirements on PIP
claimants in violation of public policy; (4) contravened the
authority to decide emergent cases by NAF dispute resolution
professionals; and (5) violates equal protection under state and
federal constitutions.
