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Showing posts with label IRIAM GONZALEZ V. NEW JERSEY PROPERTYLIABILITY INSURANCE GUARANTY ASSOCIATION. Show all posts
Showing posts with label IRIAM GONZALEZ V. NEW JERSEY PROPERTYLIABILITY INSURANCE GUARANTY ASSOCIATION. Show all posts

Wednesday, May 5, 2010

MIRIAM GONZALEZ V. NEW JERSEY PROPERTYLIABILITY INSURANCE GUARANTY ASSOCIATION, ET AL. (A-1298-07T2 )

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.