COBO v. MARKET TRANSITION FACILITY


293 N.J. Super. 374 (1996)

680 A.2d 1103

TITO COBO, DAVID CARRENO, NORMA CANTOS AND JOSE FERNANDEZ, BY THEIR ASSIGNEE, HUDSON PHYSICAL THERAPY SERVICES, PLAINTIFF-RESPONDENT/CROSS-APPELLANT, v. MARKET TRANSITION FACILITY, BY ITS SERVICING CARRIER, MATERIAL DAMAGE ADJUSTMENT CORP., DEFENDANT-APPELLANT CROSS-RESPONDENT. LYDIA RIVERA AND KESHA FINLEY, BY THEIR ASSIGNEE, HUDSON PHYSICAL THERAPY SERVICES, PLAINTIFF-RESPONDENT CROSS-APPELLANT, v. NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, BY ITS SERVICING CARRIER, MATERIAL DAMAGE ADJUSTMENT CORP., DEFENDANT-APPELLANT CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 15, 1996.


Attorney(s) appearing for the Case

Sharon M. Hallanan, Deputy Attorney General argued the cause for appellants (Deborah Poritz, Attorney General, and Gebhardt & Kiefer, attorneys; Joseph Yannotti, Assistant Attorney General, of counsel; Ms. Hallanan and Jacob Papay, Jr., on the brief).

Gerald H. Baker argued the cause for respondent (Baker, Garber, Duffy & Pedersen, attorneys; Mr. Baker, of counsel and on the brief).

Before Judges PETRELLA, SKILLMAN and EICHEN.


The opinion of the court was delivered by EICHEN, J.A.D.

In 1993, Hudson Physical Therapy Services (HPTS) filed thirteen separate actions in the Special Civil Part against The Market Transition Facility (MTF) and the New Jersey Automobile Full Insurance Underwriting Association (JUA), by their servicing carriers, Warner Insurance Systems (Warner) and its sub-contractor Material Damage Adjustment Corporation (MDA) ...

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