Publication Details

Richard W. Fogarty Successfully Defeats Attempt to Reinstate PIP Suit Dismissed 1 Year Earlier

Richard W. Fogarty Successfully Defeats Attempt to Reinstate PIP Suit Dismissed 1 Year Earlier

Richard W. Fogarty successfully defended four plaintiffs’ efforts to vacate a prior stipulation of dismissal without prejudice in New Jersey Superior Court, Middlesex County.  In the matter of Quinn, et. al. v. Allstate, et. al., counsel for the four plaintiffs provided Mr. Fogarty with a voluntary stipulation of dismissal without prejudice as to the claims for personal injury protection (“PIP”) benefits against Allstate New Jersey Insurance Company.  Nearly one year later, plaintiffs sought to vacate the stipulation of dismissal, arguing that they were unaware that Allstate had denied their claims for a lack of cooperation and that Allstate was successfully defending several Demands for Arbitration filed in Forthright on this basis.  Plaintiffs further argued that Allstate took conflicting positions and should be estopped from having the PIP claims dismissed from the lawsuit to proceed in Forthright.  Mr. Fogarty established that the plaintiffs were aware of the issues presented when the matter was dismissed voluntarily, and also successfully convinced the court that arbitration was the proper forum for PIP disputes, despite plaintiffs’ arguments to the contrary.  In a written opinion, the trial court confirmed that pursuant to controlling statutes, as well as the terms of the Allstate policy, the PIP claims had to be resolved via binding arbitration.