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OPEN MRI & IMAGING v. MERCURY INS.

Docket No. A-5760-09T2

22 A.3d 1007 (2011)

421 N.J. Super. 160

OPEN MRI & IMAGING OF ROCHELLE PARK a/s/o Carmen Hernandez, Plaintiff-Respondent, v. MERCURY INSURANCE GROUP, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 2011.

Attorney(s) appearing for the Case

Law Offices of David C. Harper , attorneys for appellant ( Mariya Starchevsky and Shaun A. McGinn , on the briefs).

Joseph M. Ariyan , Fairview, attorney for respondent.

Before Judges WEFING, PAYNE and HAYDEN.

The opinion of the court was delivered by

PAYNE, J.A.D.

In this matter, plaintiff Open MRI & Imaging of Rochelle Park as subrogee of its patient, Carmen Hernandez, obtained precertification from Mercury Insurance Company to perform a computerized tomography (CT) scan with reconstructive imaging on the lumbar spine of Mercury's insured, Hernandez, following an auto accident that occurred on February 12, 2008. The scan was performed on August 28, 2008; the...

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