Successful representation of insurance company in coverage lawsuit.
We successfully obtained a withdrawal of claims against a national insurance company based on lack of jurisdiction. The claim involved a demand for reimbursement to a claimant-medical provider for a multitude of pain management procedures rendered to our insured following a motor vehicle accident. The insurer’s policy was issued in Delaware to our Delaware resident-insured, and the motor vehicle accident took place in Pennsylvania. The only connection to New Jersey was the location of the treatment in dispute. The claim was at all times handled pursuant to Delaware policy provisions and regulations. We asserted lack of jurisdiction in New Jersey based on the fact that the applicable statute did not apply to reform any substantive elements of the policy. In turn, the place of the contract, Delaware, was controlling with regard to choice of law, and New Jersey ultimately lacked jurisdiction to proceed. Based on our defense submission, the claimant withdrew its demand in entirety