Allstate New Jersey Insurance Company v. Carteret Comprehensive Medical Care, Pc

CourtNew Jersey Superior Court Appellate Division
DecidedJanuary 9, 2025
DocketA-0778-23
StatusPublished

This text of Allstate New Jersey Insurance Company v. Carteret Comprehensive Medical Care, Pc (Allstate New Jersey Insurance Company v. Carteret Comprehensive Medical Care, Pc) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allstate New Jersey Insurance Company v. Carteret Comprehensive Medical Care, Pc, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0778-23

ALLSTATE NEW JERSEY INSURANCE COMPANY, ALLSTATE NEW JERSEY APPROVED FOR PUBLICATION PROPERTY AND CASUALTY January 9, 2025 INSURANCE COMPANY, ALLSTATE APPELLATE DIVISION INSURANCE COMPANY, ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, ALLSTATE NORTHBROOK INDEMNITY COMPANY, and ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY,

Plaintiffs-Appellants,

v.

CARTERET COMPREHENSIVE MEDICAL CARE, PC, d/b/a MONROE COMPREHENSIVE MEDICAL CARE, d/b/a COMPREHENSIVE MEDICAL CARE, d/b/a FASSST SPORT, d/b/a COMPREHENSIVE VEIN CARE, INIMEG MANAGEMENT COMPANY, INC., 311 SPOTSWOOD-ENGLISHTOWN ROAD REALTY, LLC, 72 ROUTE 27 REALTY, LLC, SAME DAY PROCEDURES, LLC, MID-STATE ANESTHESIA CONSULTANTS, LLC, NORTH JERSEY PERIOPERATIVE CONSULTANTS, PA, INTERVENTIONAL PAIN CONSULTANTS OF NORTH JERSEY, LLC, d/b/a PAIN MANAGEMENT PHYSICIANS OF NEW JERSEY, d/b/a METRO PAIN CENTERS, d/b/a METRO PAIN AND VEIN, SOOD MEDICAL PRACTICE, LLC, ONE OAK MEDICAL GROUP, LLC, d/b/a NEW JERSEY VEIN TREATMENT CLINIC, ONE OAK ORTHOPAEDIC & SPINE GROUP, LLC, ONE OAK HOLDING, LLC, JOSEPH BUFANO, JR., D.C., CHRISTOPHER BUFANO, MICAH LIEBERMAN, D.C., RICHARD J. MILLS, M.D., JENNIFER M. O'BRIEN, ESQ., GERALD M. VERNON, D.O., D.C., ALVIN F. MICABALO, D.O., JOSE CAMPOS, M.D., JOHN S. CHO, M.D., MICHAEL C. DOBROW, D.O., RAHUL SOOD, D.O., SACHIN SHAH, M.D., FAISAL MAHMOOD, M.D., RAVI K. VENKATARAMAN, M.D., MANGLAM NARAYANAN, M.D., and SHANTI EPPANAPALLY, M.D.,

Defendants-Respondents. ____________________________________

Argued December 5, 2024 – Decided January 9, 2025

Before Judges Gilson, Firko, and Bishop-Thompson.

On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-1469-23.

David N. Cinotti argued the cause for appellants (Pashman Stein Walder Hayden, PC, and McGill and Hall LLC, attorneys; Michael S. Stein and Thomas Hall, of counsel and on the briefs; David N. Cinotti, Doris Cheung, and Darcy Baboulis-Gyscek, on the briefs).

A-0778-23 2 Kevin J. Musiakiewicz argued the cause for respondent John S. Cho, M.D. (Calcagni & Kanefsky, LLP, attorneys; Eric T. Kanefsky, of counsel and on the brief; Kevin J. Musiakiewicz and Philip Morrow, on the brief).

Andrew Gimigliano argued the cause for respondents Mid-State Anesthesia Consultants, LLC, Interventional Pain Consultants of North Jersey, LLC, d/b/a Pain Management Physicians of New Jersey, d/b/a Metro Pain Centers, d/b/a Metro Pain and Vein, Sood Medical Practice, LLC, Rahul Sood, D.O., and Sachin Shah, M.D. (Mandelbaum Barrett PC, attorneys; Andrew Gimigliano, Brian M. Block, Mohamed H. Nabulsi, and Michael S. Kivowitz, on the briefs).

Jeffrey B. Randolph argued the cause for respondents Carteret Comprehensive Medical Care, PC d/b/a Monroes Comprehensive Medical Care, d/b/a Comprehensive Medical Care, d/b/a Fassst Sport, d/b/a Comprehensive Vein Care, Inimeg Management Company, Inc., 311 Spotswood-Englishtown Road Realty, LLC, and 72 Route 27 Realty, LLC (Law Offices of Jeffrey Randolph, LLP, attorneys; Jeffrey B. Randolph and Anna M. Skowronska, on the brief).

Thomas O. Mulvihill argued the cause for amici curiae The Insurance Council of New Jersey and American Property Casualty Insurance Association (Methfessel & Werbel, attorneys; Thomas O. Mulvihill, on the brief).

Daniel S. Hunczak argued the cause for amicus curiae Coalition Against Insurance Fraud (Bruno Gerbino Soriano & Aitken, LLP, attorneys; Daniel S. Hunczak, on the brief).

William L. Brennan argued the cause for amicus curiae Citizens United Reciprocal Exchange (Brennan &

A-0778-23 3 Sponder, attorneys; William L. Brennan, of counsel and on the brief).

Carl A. Salisbury argued the cause for amicus curiae Association of New Jersey Chiropractors (Bramnick, Rodriguez, Grabas, Arnold & Mangan, attorneys; Carl A. Salisbury, on the brief).

Jeffrey S. Posta, Deputy Attorney General, argued the cause for amici curiae The New Jersey Department of Banking and Insurance and The New Jersey Office of the Insurance Fraud Prosecutor (Matthew J. Platkin, Attorney General, attorney; Angela Cai, Deputy Solicitor General, Janet Greenberg Cohen, Assistant Attorney General, and Adedayo Adu, Assistant Attorney General, of counsel; Jeffrey S. Posta, on the brief).

The opinion of the court was delivered by

GILSON, P.J.A.D.

The issue presented is whether claims of insurance fraud under the

Insurance Fraud Prevention Act (the Fraud Act), N.J.S.A. 17:33A-1 to -30, and

the New Jersey Anti-Racketeering Act (RICO), N.J.S.A. 2C:41-1 to -6.2, are

subject to arbitration under the Automobile Insurance Cost Reduction Act

(AICRA), N.J.S.A. 39:6A-1.1 to -35. The resolution of that issue involves

discerning and harmonizing the Legislature's intent in enacting the Fraud Act,

RICO, AICRA, and the arbitration system set up under AICRA for the resolution

of disputes concerning personal injury protection (PIP) benefits. We hold that

A-0778-23 4 insurance fraud claims under the Fraud Act and RICO are not subject to PIP

arbitration under AICRA.

Accordingly, we reverse and vacate three orders in this matter that

compelled plaintiffs' Fraud Act, RICO, and related declaratory judgment claims

to PIP arbitration. We also vacate the provisions of those orders that dismissed

plaintiffs' complaint. Therefore, we remand with instruction that plaintiffs be

permitted to pursue their claims in the Law Division, with the right to a jury

trial.

I.

We discern the facts from the record developed when certain defendants

moved to dismiss all of plaintiffs' claims and compel arbitration. In doing so,

we accept for purposes of this appeal the allegations in plaintiffs' complaint.

Plaintiffs are six related insurance companies: Allstate New Jersey

Insurance Company; Allstate New Jersey Property and Casualty Insurance

Company; Allstate Insurance Company; Allstate Fire & Casualty Insurance

Company; Allstate Northbrook Indemnity Company; and Allstate Property and

Casualty Insurance Company (plaintiffs or collectively Allstate). Allstate

provides no-fault automobile insurance policies in New Jersey, under which

insureds can recover PIP benefits if they are injured in an automobile accident.

A-0778-23 5 When insureds receive medical treatment, they may, and typically do, assign

their PIP benefits to their medical providers. The medical providers can then

seek payment from insurers, like Allstate. See N.J.S.A. 39:6A-4 (allowing PIP

benefits to be assigned "to a provider of service benefits").

In March 2023, Allstate filed a nine-count complaint against over thirty

defendants, including several medical practices, the owners of those practices,

and current and former physicians and administrators working at or with those

medical practices. Allstate alleges that from 2008 through 2022, defendants

conspired to obtain over $1.7 million in PIP benefits from Allstate through more

than 800 fraudulent and misleading medical claims. In its complaint, Allstate

asserts that defendants' actions violated the Fraud Act and RICO. Allstate also

contends that certain defendants violated the Corporate Practice of Medicine

Doctrine, N.J.A.C. 13:35-6.16, and New Jersey's Anti Self-Referral Law,

N.J.S.A. 45:9-22.4 to -22.9. In support of its claims, Allstate alleges that

numerous defendants engaged in kickback schemes, illegal self-referrals, and

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