Casinelli v. Manglapus

The question presented on this appeal is whether a plaintiff, who belatedly files a physician certification under the New Jersey Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1 to -34, must suffer the dismissal of his or her complaint or whether remedies short of dismissal will suffice. We hold that the physician certification is neither a fundamental element of the *356AICRA cause of action nor analogous to a pleading and thérefore, that neither dismissal with nor without prejudice is compelled. Rather, we view the late filing of the physician certification as akin to a…