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SELECTIVE INS. v. MEDICAL ALLIANCES

827 A.2d 1188 (2003)

362 N.J. Super. 392

SELECTIVE INSURANCE COMPANY OF AMERICA, Plaintiff, v. MEDICAL ALLIANCES, LLC, Prema, LLC, Edward J. Herba, M.D. & Associates, SC, Edward J. Herba, M.D., Neurological Testing Services, LLC, Mitchell E. Rubin, Jose Medica, M.D., Defendants. Interested Party Defendants, Alliance Medical Group, PC, Anthony Amato, DC, Dr. Michael D. Chillemi, DC, Cross River Mill Chiropractic Center, Dr. Martin Hementz, DC, Dr. John Murphy, DC, Chris Taylor, DC, Total Chiropractic Care Center, Keneth Zammito, DC.

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

Decided January 31, 2003.

Attorney(s) appearing for the Case

Gordon S. Graber, Morristown and Stephanie Platzman-Diament, for plaintiff (Sullivan and Graber, attorneys).

Shalom Stone, Roseland and K. Roger Plawker, Hoboken, for defendants (Walder, Hayden & Brogan, P.A., attorneys, Roseland).

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

This opinion supplements the oral opinion of this court rendered on January 8, 2003. This case involves a first verified complaint for declaratory judgment under the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A -1 to -30, seeking, inter alia, treble damages, enjoining arbitration proceedings and requiring discovery. This opinion primarily expounds the issue of the legality...

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