PRUDENTIAL PROPERTY v. MIDLANTIC MOTION X-RAY, INC.


737 A.2d 711 (1999)

325 N.J. Super. 54

PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Plaintiff, v. MIDLANTIC MOTION X-RAY, INC., Defendant.

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

Decided January 22, 1999.


Attorney(s) appearing for the Case

Jacob A. Papay, Jr., Clinton, for plaintiff (Gebhardt & Kiefer, P.C., attorneys; Mr. Papay, on the brief).

Lawrence S. Caniglia, Moorestown, for defendant (McInerney & Caniglia, attorneys; Mr. Caniglia, on the brief).


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

This is a declaratory judgment action in which the plaintiff, Prudential Property & Casualty Insurance Company, seeks a declaration that defendant, Midlantic Motion X-Ray's diagnostic services are ineligible for Personal Injury Protection ("PIP") benefits under N.J.S.A. 39:6A-2 because defendant is operating in violation of N.J.A.C. 13:35-2...

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