SELECTIVE INS. CO. v. ROTHMAN

DOCKET NOS. A-5288-08T3, A-5289-08T3, A-5290-08T3.

998 A.2d 523 (2010)

414 N.J. Super. 331

SELECTIVE INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. Arthur C. ROTHMAN, M.D., Ph.D., P.A., a/s/o D.R., Defendant-Respondent. Dr. Arthur C. Rothman, a/s/o D.R., Plaintiff-Respondent, v. Selective Insurance Company, Defendant-Appellant. Arthur C. Rothman, M.D., Ph.D., P.A., Plaintiff-Respondent, v. Selective Insurance Company of America, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 2010.


Attorney(s) appearing for the Case

Gordon S. Graber argued the cause for appellant Selective Insurance Company of America (Sullivan and Graber, attorneys; Mr. Graber, of counsel; Chryzanta K. Hentisz, Morristown, on the brief).

Robert B. Hille argued the cause for respondent Arthur C. Rothman, M.D., Ph. D., P.A. (Kalison, McBride, Jackson & Hetzel, P.C., attorneys; Mr. Hille, of counsel and on the brief; James A. Robertson, Warren, and John W. Kaveney, on the brief).

Joseph M. Ariyan, Fairview, argued the cause for respondent Arthur C. Rothman, M.D., Ph.D., P.A., a/s/o D.R. (Ariyan, Khoury & Schildiner, L.L.P., attorneys; Mr. Ariyan, on the brief).

Harwood Lloyd, L.L.C., attorneys for amicus curiae American Academy of Physician Assistants and The New Jersey State Society of Physician Assistants (Evelyn R. Storch, Newark, on the brief).

Mandelbaum, Salsburg, Gold, Lazris & Discenza, P.C., attorneys for amicus curiae American Medical Association and Medical Society of New Jersey (Dennis J. Alessi, West Orange, and Casey L. Carhart, of counsel and on the brief).

Before Judges RODRÍGUEZ, REISNER and YANNOTTI.


The opinion of the court was delivered by YANNOTTI, J.A.D.

In A-5288-08, Selective Insurance Company of America (Selective) appeals from an order entered by the trial court on June 9, 2009, denying Selective's motion to vacate and modify the arbitration award entered in favor of Dr. Arthur C. Rothman (Rothman). In A-5289-08, Selective appeals from an order entered by the trial court on June 9, 2009, which confirmed the aforementioned arbitration award. In A-5290-08...

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