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Nicole R. Cassata Successfully Defeats Attempt to Expand PIP Benefits

Nicole R. Cassata Successfully Defeats Attempt to Expand PIP Benefits

Nicole R. Cassata recently succeeded in defending Allstate New Jersey Insurance Company on a Demand for PIP Arbitration in Forthright. In the matter of T.F. v. Allstate, (Forthright #1712304), the Demand, which was filed on behalf of the patient directly, sought an expansion  of the $15,000 policy limits pursuant to N.J.S.A. 39:6A-3.1(a). Ms. Cassata successfully convinced the Dispute Resolution Professional assigned to the matter that while the patient sustained a fracture of the L2 transverse process, the records consistently documented that patient was stable and not in distress and no surgical or emergent action was required to stabilize the patient. Ms. Cassata further argued that Claimant had not demonstrated that the injury sustained by the patient constituted a qualifying injury to trigger policy expansion under N.J.S.A. 39:6A-3.1(a). The DRP agreed  and concluded that policy expansion was not appropriate.