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The Limited Scope of Arbitration: A Basis for Removing Claims Subject to Rescission Actions

Automobile insurance carriers in New Jersey and New York are routinely faced with the issue of whether a fraudulent insurance claim for personal injury protection ('PIP') benefits must be adjudicated in statutorily mandated PIP arbitration or whether those claims may be adjudicated in a court of law. In cases involving fraudulently procured insurance policies, this issue was squarely decided on July 27, 2007 by the Appellate Division of the New Jersey Superior Court in <i>Nationwide Mutual Fire Insurance Company v. Fiouris</i>.

27 minute read October 30, 2007 at 03:56 PM
By
Anthony J. Golowski II
The Limited Scope of Arbitration: A Basis for Removing Claims Subject to Rescission Actions

Automobile insurance carriers in New Jersey and New York are routinely faced with the issue of whether a fraudulent insurance claim for personal injury protection ('PIP') benefits must be adjudicated in statutorily mandated PIP arbitration or whether those claims may be adjudicated in a court of law.

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