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ORTHOPAEDIC ASSOC. v. DEPT. OF BANKING

No. A-5591-06T2

963 A.2d 367 (2009)

405 N.J. Super. 54

ORTHOPAEDIC ASSOCIATES a/s/o Samuel Mdigos-Mulli, Plaintiff-Appellant, v. The DEPARTMENT OF BANKING AND INSURANCE, First Managed Care Options, Inc., National Arbitration Association, Progressive Insurance Company, Jeffrey Lakin, M.D., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 2009.

Attorney(s) appearing for the Case

Joseph A. Massood, Wayne, argued the cause for appellant (Mr. Massood, attorney; Jamie S. Aretsky, on the brief).

Justin Walker argued the cause for respondent, Jeffrey Lakin (Piekarsky & Associates, L.L.C., attorneys; Scott B. Piekarsky, on the brief).

Paul G. Witko, Deputy Attorney General, argued the cause for respondent Department of Banking and Insurance (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Emerald Erickson Kuepper, Deputy Attorney General, on the brief).

Stephen V. McHugh, Cherry Hill, argued the cause for respondent Progressive Insurance Company (Kent & McBride, P.C., attorneys; Mr. McHugh, on the brief).

Paul Alongi argued the cause for respondent First Managed Care Options (Alongi & Associates, L.L.C., attorneys; Mr. Alongi, on the brief).

Before Judges STERN, PAYNE and WAUGH.

The opinion of the court was delivered by

WAUGH, J.S.C. (temporarily assigned).

This appeal requires us to revisit that portion of our decision in New Jersey Coalition of Health Care Professionals, Inc. v. New Jersey Department of Banking and Insurance, Division of Insurance, 323 N.J.Super. 207, 732 A.2d 1063 (App.Div.), certif. denied, 162 N.J. 485, 744 A.2d 1208 (1999) (N.J.Coalition), that upheld the...

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