
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.