Legal Topics

Insurance — Personal injury protection — Rescission of policy — Material misrepresentations on application — Failure to disclose prior PIP claim — Insurer not entitled to summary judgment on its affirmative defense that recovery under policy was barred because the insured failed to disclose on application that he had made a PIP claim within 36-month period preceding application date — Records of medical providers related to a prior PIP claim with another insurer are unauthenticated, inadmissible hearsay that cannot be considered in support of insurer’s motion for summary judgment on material misrepresentation defense — Even if admissible, records show that prior PIP claim was made by medical providers to whom insured had assigned policy benefits, not by insured — Because insurer pled defense that insured made prior PIP claim, it cannot now proceed on unpled argument that providers made claims “on behalf” of insured; and in any event, there is no evidence or inference that providers made claims for insured’s benefit — Summary judgment entered in favor of provider/assignee
Sep 05th, 2025 in by admin

Insurance -- Personal injury protection -- Rescission of policy -- Material misrepresentations on application -- Failure to disclose prior PIP claim -- Insurer not entitled to summary judgment on its affirmative defense that recovery under policy was barred because the…


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Insurance — Personal injury protection — Coverage — Owner of vehicle for which security was required by law — Insurer of vehicle in which passenger was injured is liable for PIP benefits — Exception to PIP coverage for owner of vehicle with respect to which security is required is not applicable where passenger purchased required insurance for vehicle owned by her, but passenger was neither listed as a named insured on that policy nor a resident relative of the named insured
Sep 02nd, 2025 in by admin

Insurance -- Personal injury protection -- Coverage -- Owner of vehicle for which security was required by law -- Insurer of vehicle in which passenger was injured is liable for PIP benefits -- Exception to PIP coverage for owner of…


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