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PARKWAY INS. CO. v. NJ NECK & BACK

748 A.2d 1221 (1998)

330 N.J. Super. 172

PARKWAY INSURANCE COMPANY, Plaintiff, v. NEW JERSEY NECK & BACK as Assignee of Clemente Mendoza; Clemente Mendoza, New Jersey Neck & Back as Assignee of Aida Acosta; Aida Acosta; Accident Therapy Center as Assignee of Ramon Peralta; Ramon Peralta; Accident Therapy Center as Assignee of Prisilla Illa; Prisilla Illa; Injury Treatment Center as Assignee of Claribel Azcona; Clari bel Azcona; Junction Diagnostics as Assignee of Claribel Azcona; Injury Treatment Center as Assignee of Marabel Azcona; Marabel Azcona and Junction Diagnostics as Assignee of Marabel Azcona, Defendants, and American Arbitration Association, Defendant in Interest.

Superior Court of New Jersey, Law Division, Morris County.

Revised October 14, 1998.

Attorney(s) appearing for the Case

Robert Francis Gold, Morristown, for plaintiff (Gold & Albanese, attorneys; Mr. Gold and Daniel S. Hunczak, Belmar, on the brief).

Patrick J. Mangan, Edison, for defendant Injury Treatment Center (Howard Z. Buckner, attorney; Mr. Buckner, on the brief).

Anthony B. Vignuolo, North Brunswick, for defendant New Jersey, Neck & Back (Borrus, Goldin, Foley, Vignuolo, Hyman, Stahl and Clarkin, attorneys; Mr. Vignuolo, on the brief).

VILLANUEVA, J.A.D. (retired and temporarily assigned on recall).

Plaintiff, Parkway Insurance Company ("Parkway"), filed an Order to Show Cause and Verified Petition in the Superior Court of New Jersey seeking the following relief:

a. A declaration that the medical provider assignees had no standing to have filed for arbitration through the American Arbitration Association ("AAA"), hence precluding coverage under the Parkway insurance policy for the claims...

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