Kimba Medical Supply, a/s/o Carlos Galeano v. Allstate and National Arbitration Forum (Docket No. A-1443-11T2) and Roy J. Pickell v. Travelers (Docket No. A-1902-11T2)

New Jersey Appellate Division allows trial judges to remand PIP arbitration appeals to Forthright.

The New Jersey Superior Court, Appellate Division, considered whether a New Jersey Superior Court judge could appropriately remand an appeal of a Forthright/National Arbitration Forum (Forthright) arbitration back to Forthright for further findings consistent with the court’s determination. By way of background, both cases involved Forthright PIP arbitrations that were appealed to the Superior Court, at which time the respective judges granted—at least components of—each appeal and remanded the matters back to Forthright. Forthright, as an intervener in one action and defendant in the other, opposed remand. The Appellate Division, relying upon N.J.S.A. 2A:23A-14 as well as policy concerns inclusive of judicial economy, found that the remand back to Forthright was appropriate. Of note, barring appeal to the Supreme Court of New Jersey, this action by the Appellate Division will provide clarity as to the frequently litigated issue of whether a court’s remand of a PIP arbitration back to Forthright is appropriate under the New Jersey PIP scheme.

Case Law Alerts, 4th Quarter 2013