SK Law Wins Before NJ Supreme Court On PIP Arbitration

On behalf of a medical provider client, Judd Shaw sought to collect PIP benefits that were wrongfully denied by the auto insurance carrier. Up against significant defenses from CURE Insurance, Judd established his client’s services were medically necessary and obtained a favorable award for no-fault benefits following a 2014 hearing.

Believing the arbitrator erred, the carrier appealed. Judd defended the award and on 6/23/2015, the Forthright panel agreed with Judd’s arguments.

Having still not been satisfied, CURE filed a summary action in 2015 with the State’s Superior Court seeking to overturn the arbitration award. After further arguments on the issue, the Superior Court judge agreed with Judd and confirmed the award as correct.

Still not done, CURE filed for appeal with the New Jersey Appellate Division where the matter was heard before a 3-judge panel in Trenton, NJ. On 6/01/2017, Judd appeared before the Court and presented oral arguments. Judd’s arguments were once again accepted and the Appellate Division upheld the lower court’s ruling.

With one last attempt, CURE sought certification before the New Jersey Supreme Court, the State’s highest court, on the basis that the issue presented was of great public importance. Judd and his team responded with opposition.

On 11/14/2017, SK successfully defeated the carrier when the Supreme Court ruled in SK’s favor, denying the carrier’s petition for certification. Despite the carrier’s resources and financial strength, SK was not going to allow the medical provider to be bullied by an insurance carrier. We know of no other NJ no-fault arbitration matter that reached the State Supreme Court in recent history.

After three years of battle and interest accruing for our client, SK Law never wavered in fighting for every dollar and remained committed to our client. At SK Law, we take pride in our work and in the fact that we do not represent insurance companies. We have limited our practice to the representation of the injured and to providers suing the insurance giants.. In our efforts to fight for our clients, our attorneys have consistently won large verdicts, settlements and PIP recoveries. We consider this one of those wins.