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NJM v. BASC

DOCKET NO. A-0307-08T2.

982 A.2d 1 (2009)

410 N.J. Super. 270

NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Plaintiff-Appellant, v. BERGEN AMBULATORY SURGERY CENTER, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 7, 2009.

Attorney(s) appearing for the Case

Daniel J. Pomeroy, Springfield, argued the cause for appellant (Mortenson and Pomeroy, attorneys; Mr. Pomeroy and Karen E. Heller, on the brief).

A. Ross Pearlson, Newark, argued the cause for respondent (Sills, Cummis & Gross, attorneys; Mr. Pearlson, of counsel and on the brief; William R. Tellado, on the brief).

Before Judges STERN, SABATINO, and J.N. HARRIS.

The opinion of the court was delivered by

JONATHAN N. HARRIS, J.S.C. (temporarily assigned).

We consider when a private passenger automobile insurer is entitled to obtain litigational discovery for use in the legislatively-mandated arbitral forum that resolves disputes over Personal Injury Protection (PIP) coverage.1 Plaintiff appeals from an adverse decision in a summary action commenced in the Law Division seeking expansive discovery...

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