SELECTIVE INS. v. HUDSON EAST PAIN MANAGEMENT OSTEOPATHIC MED.

A-105 September Term 2010, 067133

46 A.3d 1272 (2012)

210 N.J. 597

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-Appellants, 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-Respondents and Sente and Ferraro Chiropractic, Defendant.

Supreme Court of New Jersey.

Decided July 18, 2012.


Attorney(s) appearing for the Case

Gordon S. Graber argued the cause for appellants ( Sullivan and Graber , attorneys; Mr. Graber and Chryzanta K. Hentisz , Morristown, on the briefs).

Charles X. Gormally argued the cause for respondents ( Brach Eichler , attorneys; Mr. Gormally and Sean A. Smith , on the briefs).

Kenneth E. Pringle , Belmar, submitted a brief on behalf of amici curiae Insurance Council of New Jersey and Property Casualty Insurers Association of America ( Pringle Quinn Anzano , attorneys).


Judge WEFING (temporarily assigned) delivered the opinion of the Court.

This appeal presents a discrete, narrow legal question: is a health care provider who has received an assignment of personal injury protection (PIP) benefits from an insured obligated upon request to furnish to the insurer broad information with respect to the provider's ownership structure, billing practices, and regulatory compliance? The trial court held that the provider was obligated, but...

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