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BAILEY v. GARDEN STATE HOSP. PLAN

290 N.J. Super. 277 (1996)

675 A.2d 696

CHRISTINA BAILEY, PLAINTIFF-RESPONDENT, v. GARDEN STATE HOSPITALIZATION PLAN, DEFENDANT-APPELLANT, AND PRUDENTIAL INSURANCE COMPANY AND STATE OF NEW JERSEY, DIVISION OF MEDICAL ASSISTANCE AND HEALTH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1996.

Attorney(s) appearing for the Case

Clark W. Convery argued the cause for appellant (Convery, Convery & Shihar, attorneys).

Edward J. Ramp argued the cause for respondent Bailey (Ramp & Renaud, attorneys; Ann L. Renaud, of counsel; Carol F. Gerity, on the brief).

Respondent, Division of Medical Assistance and Health Services, did not participate in the appeal.

Before Judges KING, KLEINER and HUMPHREYS.

PER CURIAM.

Garden State Hospital Plan appeals from orders of December 14, 1994 and March 16, 1994 in the Law Division adjudicating its obligation to pay certain medical expenses of plaintiff Christina Bailey. Garden State contends on appeal that: (1) the judge "erred in requiring a secondary health care provider to pay benefits prior to the exhaustion of all applicable personal injury protection benefits," (2) the...

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