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NATIONWIDE MUT. FIRE INS. v. FIOURIS

928 A.2d 154 (2007)

395 N.J. Super. 156

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. Nicholas FIOURIS, Defendant-Respondent, and Clifford Medical and Rehabilitation, Neurology and Pain Management Associates, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 27, 2007.

Attorney(s) appearing for the Case

George A. Prutting, Jr., Audubon, argued the cause for appellant (Prutting & Lombardi, attorneys; Mr. Prutting and Michael R. Logue, Lincoln University, PA, of counsel and on the brief).

S. Gregory Moscaritolo argued the cause for respondent.

Before Judges SKILLMAN, GRALL and KING.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The question presented by this appeal is whether an insurer that rejects a claim for personal injury protection (PIP) benefits on the ground that the insured procured the policy by a fraudulent representation must submit the issue of such fraud to PIP arbitration. We conclude that N.J.S.A. 39:6A-5.1, which provides for arbitration of disputes regarding...

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