The opinion of the court was delivered by CONLEY, P.J.A.D.
In 1997 defendant insured was injured in an automobile accident. He received $22,768.79 from his insurer, plaintiff, in Personal Injury Protection (PIP) benefits under his automobile policy. Defendant received treatment from American Spinal, Inc., of which he was a member of its board of directors. Plaintiff sought to investigate possible fraud and, eventually in January 2001, attempted to schedule an examination...
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