Selective Ins. Co. of Am. v Hudson E. Pain Management (N.J .App. Div., October 7, 2010)

The Cooperation Clause Of The Policy And The PIP Statute Do Not Allow Discovery Of Medical Provider Corporate Records

The policyholders had received treatment payable under PIP and assigned the payment rights to their medical providers. The insurer challenged bills from medical providers as it observed a systematic and common treatment of patients. It demanded broad range of corporate information before payment could be made. The court held that the duties under the cooperation clause of a policy are not assigned to health care providers. It also held the PIP statute does not include the production of information about the provider. There are other avenues for fraud investigation available.