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ALLSTATE N.J. INS. CO. v. CHERRY HILL PAIN AND REHAB INSTITUTE

911 A.2d 493 (2006)

389 N.J. Super. 130

ALLSTATE NEW JERSEY INSURANCE COMPANY, New Jersey Allstate Indemnity Company, and Allstate Insurance Company and Encompass Insurance, Commercial Insurance Company of Newark, Continental Insurance Company of New Jersey, Continental Insurance Co., National Fire Insurance Company of Hartford, Valley Forge Insurance Co., and Continental Casualty Co., Plaintiffs-appellants, v. CHERRY HILL PAIN AND REHAB INSTITUTE, Anna D. Lee, M.D., Dong H. Ko, M.D. A/K/A Don H. Ko, M.D., Rosemary Ariganello, RN, Brandi Malone, LPN, Patricia Clauss, LPN, Sybil Boiston, LPN, Ann Marie Sheehan, RN, Dawn Colofranson, LPN, Janet Goetz, LPN, Margaret Ickes, LPN, Lorrie Witherow, LPN, Sherylene Gorski, LPN, Kathleen Diehl, LPN, Tracie Rice, LPN, Colleen Bowers, LPN, Lisa Gannon, LPN, Lori Sacco, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 2006.

Attorney(s) appearing for the Case

Walter F. Kawalec, III argued the cause for appellants (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Mr. Kawalec and Douglas M. Alba, Cherry Hill, on the brief).

Joseph P. Grimes, Cherry Hill, argued the cause for respondents (Bochetto & Lentz, attorneys; Gavin P. Lentz and Todd S. McGarvey, Philadelphia, PA, on the brief).

Barbara C. Zimmerman, Deputy Attorney General, argued the cause for amicus curiae State of New Jersey-Office of the Insurance Fraud Prosecutor (Stuart Rabner, Attorney General, attorney; Jeffrey C. Burstein, Assistant Attorney General, of counsel; Ms. Zimmerman, on the brief).

Before Judges LINTNER, SELTZER and C.L. MINIMAN.

The opinion of the court was delivered by

LINTNER, J.A.D.

This appeal involves the entire controversy doctrine, which formed the basis for an August 22, 2005, order dismissing the Burlington County Law Division complaint of plaintiffs Allstate Insurance Company1 (Allstate) and Encompass Insurance Company2 (Encompass) against defendants Cherry Hill Pain and Rehab Institute (Cherry Hill Pain), its principal...

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