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No Insurance Experience-No English-No Excuse For Misrepresentation in NJ

September 29, 2010

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In <i>Rashabov v. Alfuso</i>, the New Jersey Appellate Division affirmed summary judgment in favor of Selective Insurance Company based on plaintiff's misrepresentation in the application. The issue was whether Selective was required to provide PIP benefits to the plaintiff/insured and three other family members despite inaccurate information in the application regarding the number of adult residents in his household. Plaintiff argued that he lacked experience in obtaining automobile insurance and did not speak English. His application was completed with assistance from the dealership where he purchased the vehicle and listed the plaintiff as the only resident of his household. Investigation revealed that plaintiff resided with his wife, father, mother and two brothers who were all adults and three of whom also sustained injuries in the accident. The Appellate Division affirmed summary judgment finding a material misrepresentation.
Please contact Robert Ball with any questions regarding this post.
<a href="http://www.judiciary.state.nj.us/opinions/a3684-08.pdf">http://www.judiciary.state.nj.us/opinions/a3684-08.pdf</a>

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