.

Gary T. Lesser

Portrait of Gary T. Lesser

Gary Lesser is special counsel in the Casualty Department with extensive experience in disputes involving Personal Injury Protection claims and bodily injury claims. He also handles matters as a member of the Fraud/Special Investigation Practice Group. Gary primarily deals with evaluating both medical provider fraud and intentional/staged losses. In this arena, Gary has significant experience conducting Examinations Under Oath as it relates to both specific claims and broader SIU investigations.

Prior to joining Marshall Dennehey, Gary managed his own firm for almost 20 years where he handled bodily injury claims and PIP arbitrations on behalf of  plaintiffs. Additionally, he was also a full time PIP Arbitrator for Forthright Solutions for almost 13 years hearing and  deciding thousands of arbitrations between medical providers and automobile insurance carriers. Gary's unique perspective fosters a balanced understanding having represented both sides and enables him to approach legal matters with a comprehensive view and also develop effective strategies for each party. 

Gary earned his juris doctor from the Cardozo School of Law and earned a B.A. in Political Science from Binghamton University.

He is admitted to practice in New Jersey and New York.
 

    • Benjamin N. Cardozo School of Law (J.D., 1993)
    • State University of New York at Binghamton (B.A., 1990)
    • New Jersey, 1993
    • U.S. District Court District of New Jersey, 1993
    • New York, 1994
    • American Bar Association
    • New Jersey State Bar Association

Thought Leadership

SIU Spotlight

Top 10 Recommendations for Addressing Fraud in NJ PIP Arbitration: A DRP’s Perspective

May 15, 2026

New Jersey’s no fault PIP system presents a unique blend of statutory requirements, arbitration procedures, and evolving fraud schemes. For carriers, counsel, and SIU professionals, navigating this landscape effectively requires more than familiarity with the rules — it demands an understanding of how Dispute Resolution Professionals (DRPs) evaluate evidence, credibility, and patterns of abuse. Drawing on more than a decade as a Forthright PIP arbitrator and extensive experience investigating staged losses and systemic fraud, I offer ten practical recommendations for strengthening fraud detection and improving outcomes in PIP arbitration. 1. Understand the NJ PIP Landscape New Jersey’s PIP framework is unlike any other. Arbitration, not Superior Court, is the primary forum for resolving disputes, and Forthright’s DRPs adjudicate cases based strictly on the evidence presented. Appreciating the procedural nuances — including timelines, evidentiary expectations, and the limits of DRP authority — is essential for building a defensible case. 2. Spot the Red Flags Early Fraud often reveals itself in the details. Early indicators include: Overutilization of treatment Templated or boilerplate medical reports Conflicting timelines Identical documentation across unrelated claimants Identifying these patterns at the outset allows carriers to intervene before questionable treatment escalates. 3. Investigate Policy Level Fraud Fraud doesn’t always begin with the accident. Policy level misrepresentations  — such as false garaging locations, unlisted household residents, or misrepresented vehicle use — can undermine coverage entirely. Scrutinizing these issues early can support dismissal applications under the PIP rules. 4. Use the PIP Arbitration Rules to Your Advantage Rule 35 of the New Jersey No Fault PIP Arbitration Rules provides a mechanism for pre hearing dismissal when coverage requirements are not met. As the document notes: “If any party contends that… there is no coverage or Forthright lacks subject matter jurisdiction, such party may apply for an Order dismissing the case prior to hearing.” A well supported dismissal application — including policy provisions, factual support, and documentation — can resolve a dispute before it reaches a hearing. 5. Analyze Treatment Records for Patterns Fraud rarely occurs in isolation. Comparing CPT codes, treatment patterns, and provider behavior across multiple cases can reveal systemic issues. Reviewing prior arbitration awards involving the same providers can also uncover recurring credibility concerns or previously identified irregularities. 6. Use SIU Strategically SIU involvement is most effective when timed to coincide with treatment phases and targeted to specific concerns. Preparing SIU investigators with focused questions and clear objectives enhances credibility assessments and strengthens the evidentiary record. 7. Leverage the EUO Effectively Examinations Under Oath remain one of the most powerful tools in the investigative arsenal. Choosing between recorded statements and EUOs depends on timing and strategic goals. Records should be used to challenge inconsistencies in patient testimony and to test the reliability of the claimant’s narrative. 8. Prepare Your Arbitration Submission Thoughtfully A strong submission clearly identifies: The legal issues The evidence supporting your position How the facts align with your defense theory While written submissions are important, oral hearings often make the difference. DRPs value clarity, organization, and a well articulated argument. 9. Coach Your Witnesses Witness credibility can make or break a case. Preparing witnesses for cross examination ensures they present confidently and consistently. DRPs evaluate demeanor, clarity, and the ability to explain complex issues without overreaching. 10. Understand DRP Limitations — and Read Between the Lines DRPs decide cases based on the evidence presented, not investigative instincts. The civil burden of proof and limited credibility assessments shape outcomes. However, award language often contains subtle cues that can guide broader fraud detection efforts. Arbitration outcomes should be treated as investigative leads, not endpoints. Conclusion Fraud in New Jersey PIP claims continues to evolve, and carriers must adapt accordingly. By understanding the arbitration process, identifying red flags early, and presenting well supported cases, insurers can more effectively combat fraudulent activity while ensuring legitimate claimants receive the benefits they are entitled to. These ten recommendations reflect a DRP’s perspective — one grounded in thousands of cases, systemic investigations, and a deep understanding of how fraud manifests in the PIP environment. With thoughtful preparation and strategic execution, carriers can significantly improve their ability to detect, challenge, and prevent fraudulent claims.

SIU Spotlight

Is the Operator of a Low-Speed Electric Scooter a “Pedestrian” Under N.J.S.A. 39:6a-2(H) and Entitled to PIP Benefits?

July 1, 2024

By way of background, on November 22, 2021, David Goyco was operating a Segway low-speed electric scooter (LSES), which has a maximum speed of 15.5 miles per hour, when he was struck by an automobile. As a result of the collision, Goyco sustained bodily injuries and incurred expenses associated with his medical treatment. At the time of the accident, Goyco was insured under a policy of automobile insurance issued by Progressive Insurance Company. Goyco filed a claim for PIP benefits with Progressive Insurance Company. Progressive denied the claim stating that the LSES that Goyco was operating at the time of the accident did not meet the definition of a qualifying automobile pursuant to N.J.A.C. 39:6A-2(a) of the New Jersey Auto Insurance Law. Progressive further denied Goyco’s claim for PIP benefits arguing that the LSES that was being operated at the time of the accident does not qualify him for meeting the definition of a pedestrian. Pedestrian is defined as “[a]ny person who is not occupying, entering into, or alighting from a vehicle propelled by other that muscular power and designed primarily for use on highways, rails and tracks.” N.J.A.C. 39:6A-2(h).  In New Jersey, motorized scooters are generally categories as the same as motorcycles. As such, they are not subject to the statutory PIP benefits. See, Gerber v. Allstate Ins. Co., 161 N.J.Super. 543, 391 A.2d 1285 (Law Div.), holding that a motor scooter is a motorcycle. See also, Muto v. Kemper Reinsurance Co., 189 N.J.Super. 417 (App. Div. 1983), holding that motorcycle does not fall within the definition of an automobile. However, a person not using a motorized or self propelled bicycle fits the definition of a “pedestrian” for the purposes of pedestrian PIP. See, Harbold v. Olin, 287 N.J.Super, 35 (App. Div. 1996), where it was found that, “[a] person riding a bicycle is considered a pedestrian for purposes of [New Jersey] automobile insurance laws. See also, Nuang by Nuang v. Pennsylvania Nat. Mut. Cas. Ins. Co., 224 N.J.Super. 753, 758, 541 A.2d 306, 308 (App. Div. 1988), holding that mopeds are always to be considered vehicles propelled by other than muscular power.  On May 13, 2019, Governor Murphy issued a press release explaining that Bill S731 (N.J.S.A. 39:4-14.16(g) was passed so that “motorized scooters and e-bikes capable of traveling 20 miles per hour or slower [could] be regulated much the same as ordinary bicycles, allowing their operation on streets, highways, and bicycle paths in this State.” It was further explained that such bicycles and scooters will not require registration, insurance, or a driver’s license. Moreover, it was explained that “[t]he bill further provides that all statutes, rules and regulations that apply to ordinary bicycles will apply to low-speed electric bicycles and motorized scooters.” Goyco filed a lawsuit in Superior Court challenging Progressive’s denial of his claim. He argued that New Jersey law does recognize bicyclists as pedestrians for purpose of PIP coverage, and by extension, a LSES should be considered the equivalent of a bicycle pursuant to N.J.S.A. 39:4-14.16(g). The trial court dismissed Goyco’s complaint saying that the plaintiff was operating a scooter powered by motor at the time of the incident. As the scooter is clearly not considered a motor vehicle, neither in statute nor in the insurance policy, it must be determined if plaintiff would be considered a pedestrian. The trial court further found the plaintiff’s reliance on N.J.S.A. 39:4-14.16(g) is misplaced as the Statute is not a part of the No-Fault statute and is not controlling over the New Jersey Auto Insurance Law. Moreover, the trial court found that the definition of pedestrian in N.J.S.A 39:6A-4 “clearly has no application to an LSES either...[t]he LSES was not muscular powered thus does not meet the requirements of the statute.”  Thereafter, Goyco filed an Appeal to the Appellate Division.  On Appeal, the panel noted that N.J.S.A. 39:1-1 expressly defines a LSES as having “an electric motor that is capable of propelling the device with or without propulsion.” As Judge Hudak found, the definition of pedestrian under N.J.S.A. 30A:6-4 is incompatible with the definition of a LSES and, therefore, N.J.S.A. 39:4-14.16(g), by its terms, has no application here. The panel was also not persuaded that an LSES operator can be equated to a bicyclist, noting that the statute’s exception defeats this argument. They found that “[a]ll statutes . . . rules and regulations applicable to bicycles. . . shall apply to a LSES except those provisions which by their very nature may have no application to . . . a LSES.” As such, the Appellate panel affirmed the lower courts dismissal of the complaint. On October 6, 2023, The New Jersey Supreme Court granted Goyco’s petition for certification and has agreed to review this ruling and establish whether or not the operator of a low-speed electric scooter is a ‘pedestrian’ under N.J.S.A. 39:6A-2(h), and therefore entitled to PIP benefits. On May 14, 2024, the Supreme Court of New Jersey affirmed the Appellate Division decision.  The Supreme Court unanimously rejected Mr. Goyco’s reliance on N.J.S.A. 39:4-14.16(g).  The Court held that by its very definition the electronic scooter is a vehicle propelled by other than muscular power (battery-power) and designed primarily for use on highway.  The Court affirmed that, “by their very nature,” a low-speed electronic scooter does not qualify for PIP benefits.  Therefore, Mr. Goyco was not a “pedestrian” for PIP benefits afforded to bicyclists as per the definition in N.J.S.A. 39:6A-2(h).   The Supreme Court declined to expand the definition of pedestrian without more explicit language in the statute. Additionally, the Supreme Court also found that the scooter was “designed primarily for use on highways, rails and tracks,” even though the device used by Mr. Goyco on November 22, 2021, could not go faster than 15.5 miles per hour. The Court noted that “highway” is defined broadly as any main route, free to the public, such as a public road.   Following the Supreme Court’s ruling, if a motor vehicle accident involves a motorized scooter being operated in New Jersey, the occupant of that scooter is not a pedestrian and will not be entitled to PIP medical expense benefits.   Gary has extensive experience in disputes involving Personal Injury Protection claims and bodily injury claims. He also handles matters as a member of the Fraud/Special Investigation Practice Group. Gary primarily deals with evaluating both medical provider fraud and intentional/staged losses. In this arena, Gary has significant experience conducting Examinations Under Oath as it relates to both specific claims and broader SIU investigations.    SIU Spotlight, Issue 1, Vol. 1, July 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

New Jersey Appellate Division Affirms Recreational Immunity for County Under Landowners' Liability Act

In a recent unpublished decision in Matthew Kuzma, etc. v. Middlesex County Parks Department, et al., the New Jersey Appellate Division affirmed summary judgment in favor of Middlesex County Parks Department, holding that the county was immune from liability under New Jersey's Landowners' Liability Act (LLA), notwithstanding its failure to plead the immunity as an affirmative defense in its answer to the Complaint. The case arose from injuries sustained by fourteen-year-old plaintiff, Matthew Kuzma, while playing basketball at Spring Lake Park in South Plainfield on August 23, 2019. The plaintiff observed a crack in the basketball court before beginning to play but did not consider it dangerous. During the game, his foot became caught in the crack, causing him to fall and suffer a significant ankle injury. The plaintiff alleged that the injury resulted in ongoing physical limitations and deprived him of the opportunity to play collegiate basketball. The plaintiff filed suit alleging that the defendants negligently maintained the basketball court. Although the county did not assert LLA immunity as an affirmative defense in its answers, it later moved for summary judgment on that basis. The plaintiff opposed the motion, arguing that the county had waived the defense by failing to plead it. The county maintained that the plaintiff had received sufficient notice of its intent to rely on the LLA through discovery and therefore suffered no unfair surprise or prejudice. The trial court agreed and granted summary judgment, concluding that the county should be permitted to invoke statutory immunity notwithstanding its failure to formally plead the defense. Relying heavily on the New Jersey Supreme Court's guidance in Arias v. Cnty. of Bergen, holding a county park was subject to the immunity of the LLA, the Appellate Division affirmed, holding that the county's failure to plead LLA immunity did not preclude reliance on the defense under the circumstances presented. The court determined that the plaintiff had received adequate notice of the immunity claim through discovery and that permitting the defense furthered the public-policy objectives embodied in the LLA. In affirming dismissal, the Appellate Division acknowledged the seriousness of the plaintiff's injury and the general societal interest in maintaining parks and recreational facilities in a safe condition. However, the court emphasized that both the legislature and the New Jersey Supreme Court have expressed a clear policy choice to limit liability for public and private landowners who make recreational property available for public use. The decision reinforces the courts' continuing adherence to the Landowners' Liability Act and the principle that recreational lands and facilities should be broadly protected from liability exposure, even in cases involving significant personal injuries.

Thought Leadership

The Tolling Trap: Filing Alone Will Not Toll the Statute Without Good-Faith Service

The Eastern District of Pennsylvania recently reinforced a critical limitation on bad faith claims, holding that a timely filing alone will not preserve a cause of action absent a good-faith effort to serve the original process. The plaintiff had presented a claim for underinsured motorist benefits to his auto insurer. The insurer evaluated the claim and determined that the plaintiff’s accident-related damages did not exceed the bodily injury liability insurance limits of the at-fault driver and denied his claim. Among other claims, the plaintiff sought to present a claim for insurance bad faith under 42 Pa. C.S.A. § 8371, to which a two year statute of limitation applies. He first filed a praecipe for writ of summons before the expiration of the statute of limitation. However, the plaintiff did not attempt to serve the praecipe or writ until after the statute of limitations had expired. Additionally, the service failed as the plaintiff had mailed the original process to an incorrect address. Despite receipt of the Postal Service’s failure to deliver the original process, the plaintiff did not attempt to re-serve the writ. Two months later, the plaintiff filed a complaint and then successfully served that complaint. The insurer sought to dismiss the plaintiff’s bad faith claim as time-barred by the statute of limitations. The district court agreed. Though the plaintiff had filed a praecipe for a writ of summons prior to the expiration of the statute of limitations, the statute is only tolled if there is a good faith effort to serve that original process. In this case, the court determined that the plaintiff had failed to perform a “good faith effort to serve the original process”. Additionally, though the filing and service of a complaint can serve as alternative original process when the lawsuit is commenced by the filing of a praecipe for a writ of summons, the plaintiff filed his complaint after the statute of limitations had expired. The plaintiff’s bad faith claim was therefore determined to be barred by the statute of limitations and dismissed by the court, with prejudice. A key takeaway for the defense is not to assume that the statute of limitations has been successfully tolled by a plaintiff merely because a praecipe for a writ of summons or complaint has been filed prior to the expiration of the statute. A filed complaint or writ is only part of the equation. The defense should carefully review the docket and filings to confirm that the plaintiff also performed the requisite good faith effort to serve that original process. A thorough review of the docket may reveal that the plaintiff failed to make the good-faith service efforts necessary to toll the statute of limitations.

Thought Leadership

Florida Supreme Court Rules Florida Statute §627.70152 Does not Apply Retroactively

In a decision that resolves years of appellate uncertainty and confirms that insurers and insureds alike can rely on the legal framework in place when a policy is issued, the Supreme Court of Florida last week found that Florida Statute §627.70152, which involves an insured’s requirement to provide an insurer with pre-suit notice before filing a suit, cannot be applied retroactively. In Universal Property & Casualty Insurance Company v. Hughes, the Court was presented with the issue of whether the statutory pre-suit notice requirement applied retroactively and whether it would apply to a breach of contract of an insurance policy that was issued before the statute went into effect. Before the Court was an appeal from a homeowner, Ms. Hughes, who sued her insurance carrier, Universal Property & Casualty Insurance Company (Universal) for breach of contract under an insurance policy that was in effect from April 24, 2019 through April 24, 2020. During the policy period, Ms. Hughes suffered a loss and, on May 29, 2019, made a claim for water damage. The carrier investigated the loss and issued payment; Ms. Hughes disputed the payment, finding the amount insufficient for repairs. On July 1, 2021, Florida Statute §627.70152 went into effect, which required insureds to provide notice of intent to initiate litigation against the carrier prior to filing a lawsuit; if an insured filed the lawsuit without complying with §627.70152, a court must dismiss the case without prejudice. On August 4, 2021, Ms. Hughes filed her lawsuit against Universal for breach of contract. Universal moved to dismiss based on her failure to comply with §627.70152. Ms. Hughes contended the notice requirement could not be applied retroactively. The trial court disagreed and dismissed the lawsuit without prejudice, and Ms. Hughes appealed. During the appeal, the Fourth District Court of Appeal, in Cole v. Universal Property & Casualty, 363 So. 3d 1089 (Fla. 4th DCA 2023), ruled that Florida Statute §627.70152 did apply retroactively to policies issued before the effective date of §627.70152. However, the Sixth District Court agreed with Ms. Hughes and overturned the trial court’s ruling, finding the statute could not retroactively apply to policies issued prior to the statute effective date. Thereafter, the other district courts weighed in, with the Third District Court agreeing with the Fourth District Court, and the First, Second and Fifth District Courts agreeing with the Sixth District Court. In resolving the conflict amongst the district courts, the Supreme Court advised “as a general rule, ‘the statute in effect at the time an insurance contract is executed governs substantive issues arising in connection with that contract.’ Hassen v. State Farm Mut. Auto. Ins. Co., 674 So. 2d 106, 108 (Fla. 1996). The Court applied the two-step test when deciding whether a statute has retroactive application: “First, the Court must ascertain whether the Legislature intended for the statute to apply retroactively. Second, if such an intent is clearly expressed, the Court must determine whether retroactive application would violate any constitutional principles.” Menendez v. Progressive Exp. Ins. Co., 35 So. 3d 873, 877 (Fla. 2010). In analyzing the Legislature’s intent, the Court must determine whether the Legislature has manifested a clear command for retroactivity in the statutory text.  In review of the statutory text, the Court found nothing in the language of the statute to indicate that the phrase “all suits” was serving another purpose of expanding its reach to suits based on policies that both predate and postdate the enactment of the statute. Buis v. Universal Prop. & Cas. Ins. Co., 394 So. 3d 738, 741 (Fla. 2d DCA 2024). Further, the Court noted the statute has an effective date, which has long been considered to be evidence against retroactive application of a statute. The Court concluded that, on its face, no provision of §627.70152 speaks to application of the statute to insurance policies issued before the statute’s effective date and therefore, the Legislature did not clearly command retroactivity of the statute to include insurance policies issued prior to the enactment of the statute. The Court briefly reviewed Universal’s argument that the presuit notice requirement was procedural, not substantive, and therefore should be applied retroactively; however, the Court agreed with the Sixth District Court’s finding that, in its entirety, §627.70152 transformed an insured’s ability to sue an insurance company under a property insurance policy and an insurer’s obligations to respond to and pay insurance claims, thus making the requirement a substantive change. The Court thereby upheld the decision of the Sixth District and disapproved the decision of the Fourth District in Cole.