New Jersey Manufacturers Ins. Co. v. Horizon Blue Cross Blue Shield of New Jersey et al., A-0712-07T3; Appellate Division; opinion by Reisner, J.A.D.; decided and approved for publication November 3, 2008. Before Judges Lisa, Reisner and Alvarez. On appeal from the Law Division, Ocean County, L-1495-07. [Sat below: Judge Peterson.] DDS No. 23-2-2073 [19 pp.]
The Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1 to -35, gives auto owners the option of designating their health insurance, rather than the personal injury protection (PIP) provisions of their auto insurance, as their primary coverage for injuries sustained in auto accidents. If the insured makes this election, the PIP coverage functions as secondary insurance. N.J.S.A. 39:6A-5.1 provides for arbitration of PIP claims. This appeal addresses whether a health insurer whose insured has designated it as primary under 39:6A-4.3d is required to participate in arbitration of claims pursuant to 39:6A-5.1.
