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SIU Spotlight

Fraud Act and RICO Claims Belong in Court, Says NJ Appellate Court

SIU Spotlight, Issue 2, Vol. 1, March 2025

March 1, 2025

by Ariel C. Brownstein

The ongoing battle over whether disputes under the Insurance Fraud Prevention Act (the Fraud Act) and the New Jersey Anti-Racketeering Act (RICO) can be litigated in court recently resulted in a favorable determination for insurance carriers in the New Jersey Appellate Division case of Allstate v. Carteret Comprehensive Care, PC, et al., No. A-4605-91 (App. Div. January 9, 2025). 

In March 2023, Allstate Insurance filed a complaint against more than 30 defendants, alleging violations of the Fraud Act and RICO, among other claims. A group of defendants moved to dismiss the complaint and compel arbitration. On October 27, 2023, the trial court issued three orders granting the moving defendants’ request, compelling all claims asserted by Allstate to arbitration under the Automobile Insurance Cost Reduction Act (AICRA). The trial court ruled that AICRA’s language mandated arbitration for all disputes concerning the recovery of Personal Injury Protection (PIP) benefits, that any party to the dispute could invoke arbitration, and that the arbitration provision covered a broad range of legal disputes related to PIP benefits. 

Allstate appealed the order dismissing the complaint and compelling arbitration, arguing the trial court erred because: (1) AICRA could not strip the right to a jury trial as guaranteed by the Fraud Act and RICO; (2) AICRA only mandates arbitration for disputes regarding the recovery of medical expense benefits under PIP; (3) AICRA, the Fraud Act, and RICO do not support the conclusion that fraud claims can be subject to PIP arbitration; and (4) statutory interpretation does not support the notion that claims under the Fraud Act and RICO should be arbitrated.

The Appellate Division distinguished the objectives of the PIP arbitration process from those of the Fraud Act and RICO. The court emphasized that PIP arbitrators have limited discovery enforcement powers and discovery in PIP arbitration is confined to assessing the nature, extent, and validity of a PIP claim. Furthermore, PIP benefits are statutory in origin, and remedies for their denial are restricted to interest and attorneys’ fees. 

In contrast, the Fraud Act and RICO serve broader purposes, such as combating insurance fraud and addressing serious threats to New Jersey’s political, social, and economic institutions. The Fraud Act allows for the recovery of compensatory damages, investigative expenses, costs, attorneys’ fees, and, when a pattern of fraud is established, treble damages. RICO provides both civil and criminal sanctions. The court astutely noted that PIP arbitration regulations do not expressly provide for injunctive relief, compensatory damages, treble damages, or attorneys’ fees for an insurance carrier. 

Additionally, the court highlighted that PIP arbitration rules do not allow for (1) broad discovery, (2) discovery from third parties, or (3) the joinder of third parties. Ultimately, the court concluded that AICRA’s history demonstrated that PIP arbitration was intended as an expedited and streamlined process strictly for resolving PIP benefit disputes.

The court also rejected the defendants’ argument that they had a right to arbitration under Allstate’s Decision Point Review Plan (DPRP). It determined that by referencing N.J.A.C. 11:3, Allstate had made clear that arbitration under its DPRP was no broader than PIP arbitration under AICRA. Since the plan’s scope was identical to AICRA, the defendants had no independent right to arbitration under the DPRP.

Additionally, Allstate argued that interpreting AICRA to require arbitration for insurance fraud claims would violate its constitutional right to a jury trial under the Fraud Act and RICO. The New Jersey Constitution guarantees the right to a jury trial for statutory causes of action sounding in law, as affirmed in Lajara. While private parties may waive this right through arbitration agreements, the Legislature cannot mandate such waivers without allowing for a de novo jury trial, per Jersey Central Power & Light

The court noted that arbitration for PIP claims is permissible because there is no constitutional right to a jury trial for determining PIP entitlements, as established in Endo Surgi Center. By limiting AICRA’s arbitration provision to PIP claims and excluding fraud claims, the court avoided potential constitutional conflicts, adhering to the principle of statutory interpretation that preserves constitutionality.

A key issue was the conflicting decision from the Third Circuit in Government Employees Insurance Co. v. Mount Prospect Chiropractic Center, 98 F.4th 463 (3d Cir. 2024). In GEICO, the Third Circuit held that Fraud Act claims are arbitrable under AICRA. However, the Appellate Division noted that this decision was not binding on the case before it and disagreed with the Third Circuit’s interpretation of New Jersey law. 

The Appellate Division found that the Third Circuit had reasoned that AICRA’s arbitration provisions implicitly encompassed fraud claims but had overlooked the distinct legislative purposes of AICRA and the Fraud Act. The Third Circuit also relied on arbitration agreements in GEICO’s DPRP and assignment forms, but the Appellate Division had already determined that these were limited by AICRA’s regulations to PIP arbitration. Ultimately, the Appellate Division rejected the Third Circuit’s conclusions as unpersuasive.

Given the impracticalities of litigating Fraud Act and RICO claims through arbitration, the Appellate Division correctly distinguished between PIP claims involving medical providers—intended for arbitration—and claims brought by insurance carriers under the Fraud Act and RICO, which were meant to be litigated in court. 

After a series of setbacks in federal court on these issues, this decision by the Appellate Division strengthens insurance carriers’ ability to investigate and litigate Fraud Act and RICO claims in the appropriate judicial forum rather than through limited arbitration proceedings.

*Ari is a shareholder in our Mount Laurel, NJ office and a member of the Insurance Fraud/SIU Practice Group. (856) 414.6075 | ACBrownstein@mdwcg.com 



 

SIU Spotlight, Issue 2, Vol. 1, March 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Commonwealth Court Holds That a Claimant Who Was Struck By a Car While Crossing the Street During an Unpaid Break Was In the Course and Scope of Employment

This case involved a claim petition filed by a claimant who sustained injuries after being struck by a vehicle while crossing the street in front of the employer’s premises. The employer denied the claim based on course and scope, as the accident occurred during one of two mandatory fifteen (15) minute breaks provided to the claimant. The claimant would punch out at the beginning of a break and punch back in when the break was over.  On the date of the incident, the claimant punched out and left the building to get lunch at a restaurant, which required her to cross the employer’s parking lot, and then a public street, where the injury occurred. The Workers Compensation Judge (WCJ) dismissed the petition, noting that that during the two mandatory fifteen-minute breaks per shift allowed by the employer, the claimant was free to leave the employer’s premises, and during breaks, permitted to engage in whatever activity she desired. The WCJ found that at the time of the accident, the claimant was on her own time, in the middle of the street, and going to get lunch.   The claimant filed an appeal with the Worker’s Compensation Appeal Board (Board), and the Board reversed.  According to the Board, the claimant’s location was still on the employer’s premises, as the claimant was taking her customary route while using a reasonable ingress/egress from the employer.  Further, the Board found that the “Personal Comfort Doctrine” applied, as the claimant was on a momentary departure to take care of her personal comfort, within the window of time she was allotted for her break.  The Board remanded the case, and a WCJ granted the claim petition.  The Board affirmed, and the employer appealed to the Commonwealth Court. Before the Court, the employer argued that the claimant was not in the course and scope of her employment, because the injury did not occur on its premises, and the claimant was outside the bounds of the Personal Comfort Doctrine. The Court, however, rejected these arguments, and dismissed the employer’s appeal.  The Court noted that the break given to the claimant was so cursory, when she set out to relieve her hunger for her own personal comfort,  she remained in the course of her employment when she sustained her injuries.  A Petition for Allowance of Appeal in the Supreme Court has been filed by the Employer, Giant Eagle.

Thought Leadership

New Jersey Workers’ Compensation Legislation Updates

Since June 1, 2026, there have been no new New Jersey workers’ compensation related cases from the Appellate or Supreme Courts. As such, below will highlight any new legislative updates since February. A1023 | S3984 - Medical Use of Cannabis Under Certain Circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045  - Certain Injuries to Volunteer and Professional Public Safety and Law Enforcement Personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A1384 | S2757 - Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1870 | S1379 - Workers' Compensation Benefits For Certain Workers Due to September 11, 2001 Terrorist Attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 - Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 -  Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3167 | S2372 - Workers’ Compensation Insurance Requirements for Certain Corporations and Partnerships This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3548 | S3571 – Maximum Benefits for Certain Volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee. A3724 - Personal Liability to Employer Officers for Failure to Pay for Coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617  - Certain Workers' Compensation Supplemental Benefits and Funding Method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026 and referred to the Assembly Labor Committee. S241 - Inclusion in Database of Appointed Officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. S2290 -  Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026 and referred to the Senate Judiciary Committee. S3144 - Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. S3342  - Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026 and referred to the Senate Judiciary Committee.

Thought Leadership

Appellate Court Rejects Horizontal Immunity Defense to Company Not Acting as Statutory Subcontractor

The First District Court of Appeal held that a property management company was not entitled to horizontal immunity under section 440.10(1)(e), Florida Statutes, in a negligence action brought by an employee of another company working on the property. The claimant was injured while servicing a swimming pool at an apartment complex. His employer had contracted with the property owner to maintain the pool. Following the accident, the claimant received workers' compensation benefits through his employer’s carrier. The claimant subsequently filed a negligence action against the property management company, alleging that it failed to maintain the premises in a reasonably safe condition and failed to warn him of a dangerous condition that caused his injuries. The property management company had been retained by the property owner to maintain the complex in good operating condition and to perform routine maintenance and repair work. The property management company argued that it was immune from suit under section 440.10(1)(e) of Florida’s Workers’ Compensation Law. That provision grants immunity to a subcontractor providing services in conjunction with a contractor on the same project or contract work from civil actions brought by employees of another subcontractor, subject to limited exceptions. According to the property management company, it qualified as a subcontractor working on the same project as the claimant’s employer and was therefore entitled to horizontal immunity. The trial court agreed and entered summary judgment in its favor. On appeal, however, the claimant argued, and the appellate court agreed, that horizontal immunity applies only when a contractor has sublet work arising from a contractual obligation owed to a third party. The court noted that prior decisions consistently held that an entity acting solely on its own behalf as the owner of property, rather than pursuant to a contract with a third party, is not a “contractor” under section 440.10(1), even when it hires other companies to perform work on the property. In Teed, the property management company could not establish that the property owner had a primary contractual obligation to a third party to maintain either the apartment complex or the swimming pool, which it then delegated to the claimant’s employer or the property management company. As a result, the property owner did not qualify as a statutory contractor, and the property management company was not a subcontractor entitled to horizontal immunity under section 440.10(1)(e). The First District therefore reversed the lower court’s ruling and remanded the case for further proceedings on the claimant’s negligence claim.