KIMBA MEDICAL v. ALLSTATE INS. CO.

Nos. A-1443-11T2, A-1902-11T2

70 A.3d 725 (2013)

431 N.J. Super. 463

KIMBA MEDICAL SUPPLY, a/s/o Carlos Galeano, Plaintiff-Respondent/Cross-Appellant, v. ALLSTATE INSURANCE COMPANY OF NJ, Defendant-Respondent, and National Arbitration Forum, Forthright, Defendant-Appellant/Cross-Respondent. Roy J. Pickell, Plaintiff-Respondent, v. Travelers Auto Insurance Company of New Jersey a/k/a Travelers of New Jersey Insurance Company, Defendants-Respondent. Forthright, Intervenor-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 2013.


Attorney(s) appearing for the Case

Arthur J. Timins, Roseland, argued the cause for appellant/cross-respondent National Arbitration Forum, Forthright in A-1443-11T2 and for appellant Forthright in A-1902-11T2 (Shiriak & Timins, attorneys; Mr. Timins, on the briefs).

Sean T. Hagan argued the cause for respondent/cross-appellant Kimba Medical Supply in A-1443-11T2.

David J. Klinger argued the cause for respondent Allstate in A-1443-11T2 (Gutterman, Markowitz & Klinger, LLP, attorneys; Mr. Klinger and Frank W. Farrell, Westfield, on the brief).

Deborah J. Davison argued the cause for respondent Roy J. Pickell in A-1902-11T2 (Law Offices of Riaz A. Mian, attorneys; Ms. Davison, on the brief).

Michael R. Eatroff, Edison, argued the cause for respondent Travelers in A-1902-11T2 (Methfessel & Werbel, attorneys; Mr. Eatroff, on the brief).

Before Judges PARRILLO, SABATINO and FASCIALE.


The opinion of the court was delivered by

SABATINO, J.A.D.

These two companion1 appeals, both arising out of cases involving contested automobile personal injury protection ("PIP") benefits, raise a common jurisdictional question. The common question concerns whether the trial court, under the New Jersey Alternative Procedure for Dispute Resolution Act ("APDRA"), N.J.S.A. 2A:23A...

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