Because New Jersey Law Applies, New York PIP Arb is Disll1issed: In the Matter of the Arbitration between: Kazu Acupucturel PC and Metropolitan Property and Casualty Insurance Company.

• Author: Rogak, Lawrence
• Position: [COURTSIDE]

This New York PIP arbitration was dismissed without prejudice because the arbitrator found that the claimant was a New Jersey resident with a New Jersey insurance policy, and therefore the claim was governed by New Jersey law.--LNR

The claim for services rendered November 23, 2015 through January 13, 2016, arises out of a motor vehicle accident that occurred on November 19,2015. The injured person/assignor was a 28-year-old female involved in the subject motor vehicle accident.

The within applicant seeks to obtain benefits from a New Jersey policy of insurance issued to a vehicle registered to a New Jersey address. The policy of insurance references that the husband and wife resided at an address in New Brunswick, New Jersey. They also acquired a renter's insurance policy bundled with the policy of insurance. The policy was renewed in June, 2015. Since the insurance policy was written in New Jersey, the insureds reside in New Jersey and the contract of insurance was signed in New Jersey, respondent argues that the "center of gravity" is New Jersey and thus the claim must be dismissed as New Jersey law governs.

The use of "center of gravity" or "grouping of contracts" is the appropriate analytical approach to choice of law questions in contract cases. See, Zurich Ins. Co. v. Shearson Lehman Hutton, Inc. 84 NY2d 309 (1994). The court applies a center of gravity or grouping of contracts analysis in order to determine which state has the most significant relationship to the transaction and the parties. In Allstate Ins. Co. v. Stolarz, 81 NY2d 219 (1993), the court found that there was...