Seeking dismissal for Insurance Fraud Prevention Act claim based upon lack of Affidavit of Merit will likely not be found viable.

The defendants sought dismissal of the plaintiff’s Insurance Fraud Prevention Act claim via motion for summary judgment, arguing that no Affidavit of Merit was filed per N.J.S.A. 2A:53A-27. 

The court noted that the plaintiffs did not file an action for malpractice or negligence. Therefore, the court found that no Affidavit of Merit was required because the plaintiffs sought a substantially certain amount and their demand for for repayment did not hinge upon showing that the defendants committed professional malpractice. 

Accordingly, seeking a dismissal for an Insurance Fraud Prevention Act claim based upon a lack of an Affidavit of Merit will likely not be found viable by a trier of fact. Insurance carriers should be on notice of this potential argument from medical providers.
 

^{Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent 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. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}