The insurer brought a motion seeking an order to compel the applicant to produce tort materials or prepare an Affidavit of Documents of tort materials.
The arbitrator dismissed the motion, finding the request was overbroad, unparticularized, and brought too late.
Furthermore, the insurer failed to provide compelling reasons why the medical reports obtained pursuant to the Statutory Accident Benefits Schedule were insufficient, and ordering production of discovery transcripts from the tort action would unfairly distort the arbitration process.
