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NORTH JERSEY NEURO. ASSOCS., P.A. v. CLARENDON NAT. INS. CO.

No. A-3735-06T3.

949 A.2d 851 (2008)

401 N.J. Super. 186

NORTH JERSEY NEUROSURGICAL ASSOCIATES, P.A., as Subrogee of Pedro GIL, Plaintiff-Respondent, v. CLARENDON NATIONAL INSURANCE COMPANY, Defendant-Appellant, and State Farm Indemnity Co., Defendant-Respondent. Pedro Gil, Plaintiff-Respondent, v. Clarendon National Insurance Company, Defendant-Appellant, and GMAC Insurance Company, Defendant. Physiologic Assessment Services, Plaintiff-Respondent, v. Pedro Gil, Defendant-Third Party Plaintiff/Respondent, v. Clarendon National Insurance Company, Third Party Defendant-Appellant, and State Farm Insurance Company, Third Party Defendant-Respondent, and GMAC Insurance Company, Third Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 2008.

Attorney(s) appearing for the Case

David J. Dickinson, Milburn, argued the cause for appellant Clarendon National Insurance Company (McDermott & McGee, attorneys; Mr. Dickinson, of counsel; Ruth A. Kavanagh, on the brief).

Walter L. Faust, argued the cause for respondent North Jersey Neurosurgical Associates (Walter L. Faust and Associates, attorneys; Mr. Faust and Randi S. Greenberg, on the brief).

Carl F. Mazzie, argued the cause for respondent State Farm Indemnity Company, I/P/A State Farm Insurance Company (Foster & Mazzie, attorneys, Totowa; Rosario M. Patane, Newark, on the brief).

Sciro & Marotta, for respondent Pedro Gil (relying on briefs submitted on behalf of North Jersey Neurosurgical Associates).

Before Judges STERN, COLLESTER and C.L. MINIMAN.

The opinion of the court was delivered by

STERN, P.J.A.D.

Clarendon National Insurance Company ("Clarendon") appeals from a judgment of February 2, 2007, resulting from three orders in these consolidated matters. The orders struck Clarendon's defense that Pedro Gil failed to cooperate with Clarendon's investigation of his Personal Injury Protection ("PIP") claim; concluded (pursuant to New York law) that Clarendon "is obliged to pay North Jersey Neurosurgical...

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