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SELECTIVE INS. v. HUDSON EAST PAIN

No. A-0433-09T1.

5 A.3d 166 (2010)

416 N.J. Super. 418

SELECTIVE INSURANCE COMPANY OF AMERICA, Selective Way Insurance Company, Selective Insurance Company of South Carolina, Selective Insurance Company of the South East, Selective Insurance Company of New York, and Selective Auto Insurance Company of New Jersey, Plaintiffs-Respondents, v. HUDSON EAST PAIN MANAGEMENT OSTEOPATHIC MEDICINE AND PHYSICAL THERAPY, Essex Surgery Center L.L.C., Essex Pain Management, Tower West Chiropractic, Giordano Chiropractic, and Advanced Neurological Orthopedic Associates, Defendants-Appellants, and Sente and Ferraro Chiropractic, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 7, 2010.

Attorney(s) appearing for the Case

Sean A. Smith argued the cause for appellants (Brach Eichler, LLC, attorneys; Charles X. Gormally , of counsel; Mr. Smith, on the brief).

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

Before Judges PARRILLO, YANNOTTI and ESPINOSA.

The opinion of the court was delivered by

PARRILLO, J.A.D.

At issue is whether, pursuant to the Uniform Declaratory Act, N.J.S.A. 2A:16-50 to -62, a private passenger automobile insurer providing personal injury protection (PIP) coverage may seek expansive discovery from assignee health service providers in its internal investigation of suspected insurance fraud. Relying on the PIP statute's discovery provision, N.J.S.A. 39:6A-13(g), and the...

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