Search Rutgers Law Library N.J. Court Opinions

16 PANTANO & ROSSI CHIROPRACTIC CENTER, P.A. v. 21ST CENTURY INSURANCE GROUP -- rank: 626

... grounds for vacating an arbitration award had been satisfied, namely, N.J.S.A. 2A:23A-13(e)(4), which permits a court to vacate, modify or ... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award." N.J.A.C. 11 ... was untimely, the judge committed reversible error by entertaining it. N.J.S.A. 2A:23A-13(e) grants parties who participate in PIP arbitration forty-five ... umpire. The court shall then confirm the award as modified. [ N.J.S.A. 2A:23A-13(f).] A party seeking to vacate, modify or correct an ... correct the award] is commenced as required by this subsection." N.J.S.A. 2A:23A-13(a). Thus, if the party aggrieved by the arbitration award ... Superior Court within the forty-five day deadline required by N.J.S.A. 2A:23A-13(a), the award becomes final. Ibid. In light of ...

docket:	a4499-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-26
status:	unpublished
citation:
Document Size:	20142

17 MAYHILL MEDICAL GROUP v. NEW JERSEY MANUFACTURERS INSURANCE GROUP -- rank: 621

... in favor of defendant. On October 17, 2013, pursuant to N.J.S.A. 2A:23A-13(a), plaintiffs filed a verified complaint seeking to vacate the award. Plaintiffs alleged that defendant committed misconduct under N.J.S.A. 2A:23A-13(c)(1) by breaching its duties to its insured in ... a computerized index bureau (CIB) search, and that, contrary to N.J.S.A. 2A:23A-13(c)(5), the DRP committed prejudicial error by erroneously applying ... arguments. The court reasoned that corruption, fraud or misconduct under N.J.S.A. 2A:23A-13(c)(1) focuses on the actions of the DRP, not ... that cause the rights of a party to be prejudiced. N.J.S.A. 2A:23A-13(c). Judicial scrutiny by the trial court is designed to ... c]orruption, fraud or misconduct in procuring the award" under N.J.S.A. 2A:23A-13(c)(1) pertains to corruption of the arbitration process ...

docket:	a2334-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-08
status:	unpublished
citation:
Document Size:	16190

18 COMPREHENSIVE PAIN SOLUTIONS OF NEW JERSEY PC v. OMNI INSURANCE COMPANY c/o GOOD 2 GO AUTO INSURANCE -- rank: 607

... summary proceeding under Rule 4:67-2(a). Relying on N.J.S.A. 2A:23A-13(c)(5), plaintiff alleged the DRP committed prejudicial error by ... 154 N.J. at 145). To that end, pursuant to N.J.S.A. 2A:23A-13(a), a party to an APDRA proceeding may request the ... final if there is substantial evidence to support that decision.' N.J.S.A. 2A:23A- 13(b). See Mt. Hope Dev. Assocs., 154 N.J. at ... limited judicial review is a central component of the APDRA'). N.J.S.A. 2A:23A-13(c) provides five grounds for vacating an arbitrator's award. Here, plaintiff sought to vacate the award pursuant to N.J.S.A. 2A:23A- 13(c)(5), which provides that the arbitrator's award may ... Super. 582, 591 (App. Div. 2019) (alterations in original) (quoting N.J.S.A. 2A:23A-13(f)). If the trial judge denies the application to ...

docket:	a0862-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-07
status:	Unpublished
citation:
Document Size:	27139

19 COMPLETE CARE v. GEICO -- rank: 604

... then filed a complaint in the Law Division pursuant to N.J.S.A. 2A:23A-13(a), seeking to set aside the DRP Panel's award ... jurisdictional constraint is set forth within the APDRA. Pursuant to N.J.S.A. 2A:23A-13, a party seeking to vacate, modify or correct an award ...

docket:	a0171-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-11
status:	unpublished
citation:
Document Size:	22304

20 KRISHNA RAMPERGASH v. GEICO INSURANCE CO -- rank: 602

... law to the issues and facts presented for alternative resolution.'" N.J.S.A. 2A:23A-13(c)(5). Plaintiff also argues that the judge's agreement ... a party who participated in the arbitration proceedings appear in N.J.S.A. 2A:23A-13, and provide as follows: b. In considering an application for ... standard that is used to determine whether that subsection of [ N.J.S.A. 2A:23A-13(c)] should be vacated, modified, or corrected is whether or ...

docket:	a3049-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	22880

21 PETER MAX, VIAMAX, INC v. GREAT AMERICAN SECURITY INSURANCE CO. -- rank: 595

... order to show cause seeking to modify the award under N.J.S.A. 2A:23A-13(f) 4 claiming the Umpire made several factual and legal ... six million dollars in revenue for 2012 and was 4 N.J.S.A. 2A:23A-13(f) permits the Law Division to modify an award if ... appeal of the arbitrator's decision except as provided in N.J.S.A. 2A:23A-13. Weinstock v. Weinstock, 377 N.J. Super. 182, 188 (App ... 0042-19 9 Court for its vacation, modification or correction.' N.J.S.A. 2A:23A-13(a). Once the trial court grants an order that confirms ... their findings the dispute resolution professionals committed prejudicial error under N.J.S.A. 2A:23A-13(c)(5). Id. at 591. Applying these legal principles, we ...

docket:	a0042-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-11
status:	Unpublished
citation:
Document Size:	24158

22 NEW JERSEY MANUFACTURERS INSURANCE COMPANY v. UNIVERSITY PHYSICIAN ASSOCIATES -- rank: 588

... summary complaint seeking to vacate the arbitration award pursuant to N.J.S.A. 2A:23A-13. UPA answered and both parties filed summary judgment motions. The ... Supreme Court for the purpose of acting on such applications. [ N.J.S.A. 2A:23A-13(b).] The grounds on which a party may seek to ... law to the issues and facts presented for alternative resolution. [ N.J.S.A. 2A:23A-13(c).] Once the court has reviewed the arbitration, its decision ... is no right to further review by the Appellate Division. N.J.S.A. 2A:23A-13 for review of the award." N.J.A.C. 11 ...

docket:	A1491-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-30
status:	unpublished
citation:
Document Size:	37510

23 WILLIAM D. SHELLEY v. FRANCES D. SHELLEY -- rank: 585

... judge failed to perform her appellate function as required by N.J.S.A. 2A:23A-13(e) & (f). Finally, plaintiff contends that the facts of this ... on the facts is final if supported by substantial evidence. N.J.S.A. 2A:23A-13(b). Appeals pursuant to the APDRA may be filed with ...

docket:	a3644-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-21
status:	unpublished
citation:
Document Size:	12315

24 THE BACK INSTITUTE v. HIGH POINT INSURANCE -- rank: 583

... law to the issues and facts presented for alternative resolution." N.J.S.A. 2A:23A-13(c)(5). Judge Thomas R. Vena rejected plaintiff's argument ... denied in its entirety. On November 13, 2012, pursuant to N.J.S.A. 2A:23A-13(a), plaintiff filed a verified complaint and order to show ... seeking to vacate the award. Plaintiff argued that, contrary to N.J.S.A. 2A:23A-13(c)(5), the award should be vacated because the DRP ...

docket:	a2721-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-25
status:	unpublished
citation:
Document Size:	31059

25 DAVID JOHNSON v. MOLLY V.G.B. JOHNSON -- rank: 583

... modification or vacation for any of the reasons recognized in N.J.S.A. 2A:23A-13 of the APDRA." It limited appeals to the Family Part ... children but rather limits review to the issues identified in N.J.S.A. 2A:23A-13. Plaintiff, on the other hand, argued that Fawzy was inapplicable ... had the ability to modify or vacate the decision under N.J.S.A. 2A:23A-13 if Dr. White had erroneously applied the law to the ... law to the issues and facts presented for alternative resolution. [ N.J.S.A. 2A:23A-13.] As to erroneous applications of the law, APDRA provides: Whenever ... umpire. The court shall then confirm the award as modified. [ N.J.S.A. 2A:23A-13(f).] In the arbitration agreement at issue here, the parties ... clearly implicate public policies that require more expansive review than N.J.S.A. 2A:23A-13 allows. Accordingly, out of a concern that the Family ...

docket:	a0704-08
court:	superior court appellate division
decided:	2009-12-21
status:	published
citation:	411 N.J. Super. 161 984 A.2d 912
Document Size:	64737

26 ORTHOPAEDIC ASSOCIATES v. THE DEPARTMENT OF BANKING AND INSURANCE -- rank: 578

... the dispute resolution organization (DRO) chosen by DOBI pursuant to N.J.S.A. 2A:23A-13, Orthopaedic Associates did not seek review in the Law Division ... in other contexts. Instead of seeking judicial review pursuant to N.J.S.A. 2A:23A-13, Orthopaedic Associates sought to attack the DRP's decision collaterally ... 3-5.5. While a DRP's decision is "binding," N.J.S.A. 2A:23A-13. N.J.A.C. 11:3-5.6(f). S ... See the standards established in the Alternate Dispute Resolution Statute, N.J.S.A. 2A:23A-13. The independence of the medical reviewer will probably not be ... to challenge the independence of the review," specifically pointing to N.J.S.A. 2A:23A-13 as an avenue for doing so. N.J.S.A. 2A:23A-13 provides for limited judicial review of an alternate dispute ...

docket:	a5591-06
court:	njappellate
decided:	2009-01-20
status:	published
citation:	405 N.J.Super. 54
Document Size:	60548

27 SURGICAL CENTER MILLBURN v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 578

... file a new arbitration demand. Plaintiff alleged that, contrary to N.J.S.A. 2A:23A-13(c)(5), DRP Two committed prejudicial error by erroneously applying ... cause the rights of a party to be prejudiced. See N.J.S.A. 2A:23A-13(c). 3 Moreover, judicial scrutiny by the trial court is ... law to the issues and facts presented for alterative resolution. [ N.J.S.A. 2A:23A-13(c).] This archive is a service of Rutgers School of ...

docket:	a2251-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-16
status:	unpublished
citation:
Document Size:	24880

28 SELECTIVE INSURANCE COMPANY OF AMERICA v. ARTHUR C. ROTHMAN, M.D., Ph.D, P.A. -- rank: 576

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award." N.J.A.C. 11 ... 312 (App. Div.), cert. denied , 174 N.J. 194 (2002). N.J.S.A. 2A:23A-13 provides that an arbitration award may be vacated if the ...

docket:	a5288-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-13
status:	Published
citation:	414 N.J.Super. 331 998 A.2d 523
Document Size:	38974

29 SELECTIVE INSURANCE COMPANY OF AMERICA v. ARTHUR C. ROTHMAN -- rank: 576

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award." N.J.A.C. 11 ... 312 (App. Div.), cert. denied , 174 N.J. 194 (2002). N.J.S.A. 2A:23A-13 provides that an arbitration award may be vacated if the ...

docket:	a5289-08
court:	NJ Superior Court Appellate Division
decided:	2010-07-13
status:	published
citation:
Document Size:	39717

30 SELECTIVE INSURANCE COMPANY OF AMERICA v. ARTHUR C. ROTHMAN, M.D., Ph.D, P.A. -- rank: 576

... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award." N.J.A.C. 11 ... 312 (App. Div.), cert. denied , 174 N.J. 194 (2002). N.J.S.A. 2A:23A-13 provides that an arbitration award may be vacated if the ...

docket:	a5290-08
court:	NJ Superior Court Appellate Division
decided:	2010-07-13
status:	published
citation:
Document Size:	39730