New Jersey Policy + New Jersey: Accident = No New York: PIP Arbitration: In the Matter of the Arbitration between: Spike Medical PC and New Jersey Manufacturers Insurance Co.

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

In this N. Y PIP arbitration against a New Jersey insurer, the arbitrator holds that because the claim is against a New Jersey policy issued to a New Jersey resident and arises out of a New Jersey accident, New York arbitration is not the proper forum for this claim and it is dismissed.-LNR

The Assignor, NH, now a 34-year-old male, as a pedestrian, was involved in a motor vehicle accident in New Jersey on January 20, 2015. Following the accident, the Assignor sought medical attention for the injuries sustained in the accident. At issue in this case is a claim totaling $ 3,418.70, representing an office visit and EMG/NCV testing performed on the Assignor on March 31, 2015.

Respondent maintains th at this Forum lacks jurisdiction over the Respondent. The issue is whether this Arbitrator may hear this case.

Herein, Respondent submits the Insurance Policy [a New Jersey policy issued to a New Jersey resident]s a New Jersey Application for Benefits and a New Jersey Police Report. In addition, Respondent submits the Affidavit of Daniel A. Toadvine, an Assistant Vice President of Respondent, attesting to the New Jersey policy of insurance.

Respondent argues that it did not consent to arbitrate New Jersey No-Fault disputes within New York AAA. In addition, Respondent argues that New Jersey law is different from New York law in terms of coverage and liabilities and therefore, New Jersey has a stronger interest in this case and must apply.

Applicant proffers no evidence refuting Respondent's assertions or documentary evidence.

I agree with Respondent. I find guidance in Careplus Medical Supply, Inc. v. Selective Ins. Co. of America, 25 Misc.3d 48 890 N.Y.S.2d 258 (App. Term 9th and 10th Jud. Dists. 2009), where the Court...