Habick v. Liberty Mutual Fire Insurance Co

In Habick v. Liberty Mutual Fire Insurance Co., 320 N.J. Super. 244, 253, 727 A.2d 51 (App.Div.), certif. denied, 161 N.J. 149, 735 A.2d 574 (1999), the Court explained that the more expansive public sector review standard was based on fairness, the public's interest in avoiding violations of law or public policy, and the need to protect the public welfare. Id. at 252, 727 A.2d 51. These public policy interests were not implicated when PIP arbitration was brought by an insured against her insurance company, as permitted by N.J.S.A. 39:6A-5. Id. at 246, 252-53, 727 A.2d 51. As the Court pointed out in Habick, the public sector review standard potentially undercuts the purpose and policy behind PIP arbitration: To allow public sector arbitration review of a PIP award would require a verbatim record, with the attendant expense and delay that PIP arbitration is intended to avoid. The net result would be to defeat the overall purpose of, and public policy behind the PIP arbitration: to provide a prompt, efficient, and inexpensive means of dispute resolution that will minimize and not maximize resort to the courts.Habick, supra, 320 N.J. Super. at 253, 727 A.2d 51.