State Farm Indemnity Co. v. Warrington

The opinion of the court was delivered by

CONLEY, P.J.A.D.

In 1997 defendant insured was injured in an automobile accident. He received $22,768.79 from his insurer, plaintiff, in Personal Injury Protection (PIP) benefits under his automobile policy. Defendant received treatment from American Spinal, Inc., of which he was a member of its board of directors. Plaintiff sought *381to investigate possible fraud and, eventually in January 2001, attempted to schedule an examination under oath pursuant to defendant’s contractual obligation to cooperate.1

Apparently, American Spinal, Inc., was being…