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 Results for ("N.J.S.A. 2a:23a-13")   1 to 15 of 93 results. Run time: 0.661 seconds | Search time: 0.653 seconds    
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1 KIMBA MEDICAL SUPPLY v. ALLSTATE INSURANCE COMPANY OF NJ -- rank: 1000
... We conclude that Sections 13 and 14 of the APDRA, N.J.S.A. 2A:23A-13 and -14, must be sensibly construed to authorize such remands ... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award"). In that vein, we have ... the limited review of decisions made by neutral DRPs, 3 N.J.S.A. 2A:23A-13 ("Section 13"), which the Commissioner has adopted for PIP arbitrations ... umpire. The court shall then confirm the award as modified. [ N.J.S.A. 2A:23A-13.] As we have previously recognized, the APDRA's enumerated grounds ... there is substantial evidence to support [his or her] decision." N.J.S.A. 2A:23A-13(b). To expedite the achievement of finality, the statute further ... seeking to vacate the award in its entirety pursuant to N.J.S.A. 2A:23A-13. Through his counsel, Pickell further requested to have the ...
docket: a1443-11
court: NJ Superior Court Appellate Division
decided: 2013-07-05
status: published
citation:
Document Size: 93684
2 KIMBA MEDICAL SUPPLY v. ALLSTATE INSURANCE COMPANY OF NJ -- rank: 1000
... We conclude that Sections 13 and 14 of the APDRA, N.J.S.A. 2A:23A-13 and -14, must be sensibly construed to authorize such remands ... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award"). In that vein, we have ... the limited review of decisions made by neutral DRPs, 3 N.J.S.A. 2A:23A-13 ("Section 13"), which the Commissioner has adopted for PIP arbitrations ... umpire. The court shall then confirm the award as modified. [ N.J.S.A. 2A:23A-13.] As we have previously recognized, the APDRA's enumerated grounds ... there is substantial evidence to support [his or her] decision." N.J.S.A. 2A:23A-13(b). To expedite the achievement of finality, the statute further ... seeking to vacate the award in its entirety pursuant to N.J.S.A. 2A:23A-13. Through his counsel, Pickell further requested to have the ...
docket: a1902-11
court: NJ Superior Court Appellate Division
decided: 2013-07-05
status: published
citation: 431 N.J.Super. 463 70 A.3d 725
Document Size: 93859
3 CITIZENS UNITED RECIPROCAL EXCHANGE v. NORTHERN NJ ORTHOPEDIC SPECIALISTS -- rank: 935
... after receipt of" the order granting or denying the application. N.J.S.A. 2A:23A-13(a). Accordingly, we affirm. I. The following facts are taken ... judgment vacating the award and remanding to Forthright, pursuant to N.J.S.A. 2A:23A-13(c)(5), so the DRP could consider certain evidence. After ... cause, asking that the DRP's award be vacated under N.J.S.A. 2A:23A-13. On September 11, 2014, Judge Thomas F. Brogan ruled that " N.J.S.A. 2A:23A-13(a) required [CURE] to file the Order to Show Cause ... in the Superior Court for its vacation, modification or correction." N.J.S.A. 2A:23A-13(a). "Upon the granting of an order confirming, modifying or ... as it was based on the time-bar contained in N.J.S.A. 2A:23A-13(a)"). Such review is particularly appropriate here because "[t] ...
docket: a0945-14
court: NJ Superior Court Appellate Division
decided: 2016-05-06
status: published
citation: 445 N.J.Super. 371 138 A.3d 559
Document Size: 46890
4 CRANIO ASSOCIATES v. ENCOMPASS INSURANCE COMPANY -- rank: 738
... judge's decision stayed well within the boundaries established by N.J.S.A. 2A:23A-13. As a result, the present appeal must be dismissed in ... filed a summary action in the Law Division pursuant to N.J.S.A. 2A:23A-13, arguing that the arbitrator improperly denied Cranio's request for ... ADHERE TO THE APPLICABLE STANDARD OF REVIEW AS REQUIRED BY N.J.S.A. 2A:23A-13 BECAUSE THE TRIAL COURT ALLOWED PLAINTIFF TO RAISE ISSUES AND ... ADHERE TO THE APPLICABLE STANDARD OF REVIEW AS REQUIRED BY N.J.S.A. 2A:23A-13 BECAUSE THE TRIAL COURT FAILED TO IDENTIFY THE CASE LAW ... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. N.J.S.A. 2A:23A-13, which is part of the APDRA, permits a trial ...
docket: a6041-10
court: NJ Superior Court Appellate Division
decided: 2012-03-27
status: unpublished
citation:
Document Size: 30424
5 JOHN FITZSIMMONS v. ALISON M. FITZSIMMONS -- rank: 733
... 24 order and to modify the arbitration award pursuant to N.J.S.A. 2A:23A-13(e)(1), (e)(4), and (f). Subsection (e)(1) provides ... stated that husband failed to comply with the requirement of N.J.S.A. 2A:23A-13(a) that a summary application to modify an arbitration award ... a miscalculation of figures or an error of law under N.J.S.A. 2A:23A-13(e)(1) and (4). In the court's view, husband ... 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 ... in the Superior Court for its vacation, modification, or correction." N.J.S.A. 2A:23A-13(a). Once the trial court grants an order that confirms ... limit its judicial review to the grounds set forth in N.J.S.A. 2A:23A-13. N.J. Citizens Underwriting Reciprocal Exch. v. Kieran Collins, ...
docket: a0826-13
court: NJ Superior Court Appellate Division
decided: 0000-00-00
status: unpublished
citation:
Document Size: 24641
6 CHRISTINE ANTICO v. FRANK ANTICO -- rank: 711
... 23B-1 to -32. 2 A-4497-15T1 RESOLUTION ACT, N.J.S.A. 2A:23A-13(d), AND WAS THEREFORE FILED UNTIMELY. POINT IV THE TRIAL ... cross-motion to vacate the arbitration award under the APDRA, N.J.S.A. 2A:23A-13. His application was filed forty-three days from when defendant ... s motion was untimely under the thirty-day requirement of N.J.S.A. 2A:23A-13(a); finding unconvincing his contention at argument that he had ... modify it within forty-five days to seek relief under N.J.S.A. 2A:23A-13(a). Yet, even if defendant had forty days to seek ... arbitration agreement, notably the waiver of rights provision, and both N.J.S.A. 2A:23A-13 and N.J.S.A. 2A:23B-24, even though ... appeal of the arbitrator's decision except as provided in N.J.S.A. 2A:23A-13.4 Weinstock v. Weinstock, 377 N.J. Super. 182, ...
docket: a4497-15
court: NJ Superior Court Appellate Division
decided: 2018-05-02
status: unpublished
citation:
Document Size: 40268
7 HEATHER ADCOX v. ENCOMPASS INSURANCE COMPANY -- rank: 690
... N.J. A.C. 11:3-5.6(f) and N.J.S.A. 2A:23A-13. We affirm. On January 31, 2000, plaintiff, while driving her ... N.J.A.C. 11:3-5.6(f) and N.J.S.A. 2A:23A-13. An order to show cause was issued directing defendant to ... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for the review of the award." N.J.S.A. 2A:23A-13 provides in pertinent part: A party to an alternate resolution ... have been dismissed in the Law Division on that basis. N.J.S.A. 2A:23A-13. Plaintiff argues that defendant had waived its right to assert ... The action in the Law Division was a summary proceeding. N.J.S.A. 2A:23A-13. Generally, a defendant is not required to file an ...
docket: A1863-05
court: NJ Superior Court Appellate Division
decided: 2006-10-18
status: unpublished
citation:
Document Size: 42842
8 PERSONAL SERVICE INSURANCE COMPANY , v. RELIEVUS -- rank: 669
... timely made within the forty-five-day time frame under N.J.S.A. 2A:23A-13(a), when it was filed 159 days after the DRP ... April 29, 2016. Rather than initially pursuing its rights under N.J.S.A. 2A:23A-13(d)(1) and N.J.A.C. 11:3-5 ... action and upheld the DRP's award; determining that under N.J.S.A. 2A:23A-13(a), the action was untimely because it was not filed ... to vacate the DRP panel's award was timely under N.J.S.A. 2A:23A-13(a). If we decide that it acted timely, PSIC contends ... 16T2 regarding the conduct of PIP arbitration. In that vein, N.J.S.A. 2A:23A-13(a), the key statute here, provides in pertinent part: A ... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award. [(Emphasis added.)] To avoid ...
docket: a2393-16
court: New Jersey Superior Court Appellate Division
decided: 2018-08-03
status: Published
citation:
Document Size: 20302
9 UNITED SERVICES AUTOMOBILE ASSOCIATION v. USA CHIROPRACTIC -- rank: 659
... appeal, Forthright contends that the judge erred by (1) misapplying N.J.S.A. 2A:23A-13; (2) remanding the matter to Forthright contrary to the public ... contention that the judge vacated the awards erroneously by misapplying N.J.S.A. 2A:23A-13. A pertinent regulation on point, N.J.A.C. 11 ... by the Superior Court in an action filed pursuant to N.J.S.A. 2A:23A-13." (Emphasis added). N.J.S.A. 2A:23A-13c(2 ...
docket: a0904-11
court: NJ Superior Court Appellate Division
decided: 2012-12-13
status: unpublished
citation:
Document Size: 21547
10 VINCENT GRIECO v. TRAVELERS OF NEW JERSEY INSURANCE COMPANY -- rank: 659
... Plaintiff filed a complaint in the Law Division pursuant to N.J.S.A. 2A:23A-13(a), in which he sought to vacate the DRP's ... law to the issues and facts presented for alternative resolution." N.J.S.A. 2A:23A-13(c). Following a summary hearing, the trial court found that ... on the facts is final if supported by substantial evidence. N.J.S.A. 2A:23A-13(b). However, N.J.S.A. 2A:23A-13(c) provides that an award shall be vacated if the ... found by the arbitrator, and confirm the award as modified. N.J.S.A. 2A:23A-13(f). After granting the order confirming, modifying or correcting an ... an arbitrator's decision to the grounds set forth in N.J.S.A. 2A:23A-13, we may review the matter and provide a remedy. ...
docket: a6157-12
court: NJ Superior Court Appellate Division
decided: 2015-02-26
status: unpublished
citation:
Document Size: 24006
11 JANE NORCIA v. HIGH POINT INSURANCE COMPANY -- rank: 659
... over the issues of law and fact," in violation of " N.J.S.A. 2A:23A-13(c)3 and 4." After oral argument, the Law Division ... judge applied an improper standard of review. The provisions in N.J.S.A. 2A:23A-13 "define[] the scope of the trial judge's jurisdiction in ... to the issues and facts presented for alternative resolution. 2 [ N.J.S.A. 2A:23A-13(b) and (c) (emphasis added).] When the claim is made ... in applying applicable law to the issues and facts presented . . . [ N.J.S.A. 2A:23A-13(c)(5)], the court shall, after vacating or modifying the ... a de novo review of the factual record pursuant to N.J.S.A. 2A:23A-13(c)(3). However, the APDRA only requires a de novo ... to make a definite award. 3 Plaintiff's challenge under N.J.S.A. 2A:23A-13(f) essentially presumes that the judge incorrectly interpreted the ...
docket: a1846-10
court: NJ Superior Court Appellate Division
decided: 2011-12-23
status: unpublished
citation:
Document Size: 41424
12 JEFFREY K. JARVIS v. SANDRA L. JARVIS -- rank: 654
... arbitration award within forty-five days, as permitted by statute. N.J.S.A. 2A:23A-13(a). "The award of the umpire shall become final unless ... Weinstock , 377 N.J. Super. 182 , 188 (App. Div. 2005)]. N.J.S.A. 2A:23A-13(a) states, in pertinent part: "A party to an alternative ... final if there is substantial evidence to support that decision[.]" N.J.S.A. 2A:23A-13(b). The award shall be vacated on the application of ... law to the issues and facts presented for alternative resolution. [ N.J.S.A. 2A:23A-13(c). (emphasis added).] "[O]nly those issues may be arbitrated ... have had grounds to vacate the arbitration decision, pursuant to N.J.S.A. 2A:23A-13(c)(3), on the basis that the arbitrator exceeded her ...
docket: a1076-13
court: NJ Superior Court Appellate Division
decided: 2015-05-14
status: unpublished
citation:
Document Size: 33939
13 JOE SANCHEZ v. RIZZIERI CONSULTING INC -- rank: 642
... an order vacating or modifying the award, in accordance with N.J.S.A. 2A:23A-13. On that same date, Rizzieri filed a motion, pursuant to ... till afterwards." Judge Harrington initially observed that two different statutes, N.J.S.A. 2A:23A-13 and N.J.S.A . 2A:24-7, were being ... that it is not going to vacate the judgment . . . under N.J.S.A. 2A:23A-13[(c)], which I do believe applies . . . . I will not modify ... ERRED IN FAILING TO FOLLOW THE PROCEDURES SET FORTH IN N.J.S.A. 2A:23A-13 [AND] 2A:23A-19 FOR CONFIRMING, MODIFYING OR CORRECTING THE ... Co. , 396 N.J. Super. 472 , 475 (App. Div. 2007). N.J.S.A. 2A:23A-13 permits vacation of an award where there has been (1 ... final if there is substantial evidence to support that decision." N.J.S.A. 2A:23A-13(b). The statute further indicates that a court may ...
docket: a0267-11
court: NJ Superior Court Appellate Division
decided: 2012-10-23
status: unpublished
citation:
Document Size: 32771
14 DR. AMRISH PATEL v. LIBERTY MUTUAL INSURANCE COMPANY -- rank: 633
... the arbitrator. The argument before Judge Ralph DeLuccia focused on N.J.S.A. 2A:23A-13 and -14. Section 13 permits an application to vacate, modify ... accordance with the alternative resolution agreement of this act. Construing N.J.S.A. 2A:23A-13 and -14 in pari materia, and in light of the ... medical billing disputes, Judge DeLuccia rejected Forthright's argument that N.J.S.A. 2A:23A-13 required the court to hold a de novo summary proceeding ... PIP statute. On this appeal, Forthright once again argues that N.J.S.A. 2A:23A-13 does not allow remands and that N.J.S.A ... 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 ... 3-5.6(f). Plainly, an action "filed pursuant to N.J.S.A. 2A:23A-13" includes the remedies authorized by that statute, which are ...
docket: a0394-11
court: NJ Superior Court Appellate Division
decided: 2012-06-20
status: unpublished
citation:
Document Size: 16672
15 /usr/local/share/www/libweb/collections/courts/supreme/a5810-13.opn.html -- rank: 626
... to vacate, modify or correct the award within certain timeframes. N.J.S.A. 2A:23A-13. Where there is substantial evidence to support the award, the ... referred to in the Act as an "umpire," is final. N.J.S.A. 2A:23A-13(b). An independent review of the relevant facts is required ... law to the issues and facts presented for alternative resolution." N.J.S.A. 2A:23A-13(c)(5). Significantly here, where the trial court confirms, modifies ... decision to vacate or modify a DRP's decision under N.J.S.A. 2A:23A-13(c)(5), the factual record is not complete. Kimba Med ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 17524
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