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Material Misrepresentation in Auto Policy Application

February 27, 2009

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In Consumer First Insurance v. Lee, the plaintiff appealed a dismissal of its declaratory judgment action against its insured. The Superior Court Appellate Division reversed and remanded, concluding that the insured made a material misrepresentation on his automobile insurance application regarding his lifelong epilepsy. As a result, plaintiff was required to extend only minimum mandatory statutory amounts of coverage to all claimants.
Thanks to Sheila Osei for her contribution to this post.
<a href="http://www.judiciary.state.nj.us/opinions/a5821-06.pdf">http://www.judiciary.state.nj.us/opinions/a5821-06.pdf</a>

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