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STATE FARM INS. CO. v. SABATO

767 A.2d 485 (2001)

337 N.J. Super. 393

STATE FARM INSURANCE COMPANY, Plaintiff-Respondent, v. Dr. Ulises C. SABATO, as assignee of Carlos Naula, Hugo Naula and Wilmer Naula, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 2001.

Attorney(s) appearing for the Case

S. Gregory Moscaritolo, attorney for appellants.

Harwood Lloyd, attorneys for respondent (Curtis J. Turpan, of counsel and on the brief).

Before Judges CONLEY and LESEMANN.

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

Defendant, assignee of Personal Injury Protection (PIP) claims of three brothers, Carlos, Hugo and Wilmer Naula, who were injured in an automobile accident, appeals from a Law Division judgment which dismissed the claims of two of the brothers. The court rejected defendant's request to submit the claims to arbitration under N.J.S.A. 39:6A-5c. Instead, it enjoined such arbitration and held a plenary...

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