Two Recent Appellate Court Decisions

There was a recent Appellate Division case not approved for publication 23 – 2 – 9553 Rashabov v Alfuso, whereby the plaintiff appealed from a trial court order for summary judgment dismissing his claims for insurance coverage from the defendant's Selective insurance company for injuries he suffered in a motor vehicle accident. The issue was whether Selective insurance was required to provide him with personal injury protection PIP coverage and benefits despite inaccurate information contained on his application for automobile insurance dealing with the number of residents in his household. The appellate court rejected the plaintiff's argument that he did not know the information in the application was inaccurate and that he lacked experience with obtaining insurance and did not speak English and should therefore not be held responsible for any false statements in the application. The appellate court affirmed the summary judgment holding of the trial court and dismissed the case against Selective insurance.

Two Recent Appellate Court Decisions Mon, Oct 4, 2010