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CITIZENS UNITED v. PEREZ

Docket No. A-3100-11T1

75 A.3d 1233 (2013)

432 N.J. Super. 526

CITIZENS UNITED RECIPROCAL EXCHANGE, Plaintiff-Appellant, v. Sabrina A. PEREZ, Luis Machuga, Jonathan Quevedo, Dexter Green, and Progressive Garden State Insurance Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 13, 2013.

Attorney(s) appearing for the Case

Eric Poe argued the cause for appellant (Bright & Sponder, attorneys; Chad B. Sponder , of counsel and on the brief).

Marc A. Deitch , Iselin, argued the cause for respondents Dexter Green and Progressive Garden State Insurance Company (Mr. Deitch, on the brief).

George R. Hardin argued the cause for amicus curiae The Insurance Council of New Jersey (Hardin, Kundla, McKeon & Poletto, P.A., attorneys; Mr. Hardin and Arthur A. Povelones, Jr. , Springfield, on the brief).

Before Judges FUENTES, ASHRAFI and HAYDEN.

The opinion of the Court was delivered by

HAYDEN, J.A.D.

Plaintiff Citizens United Reciprocal Exchange (CURE) filed a civil complaint seeking a declaration that an automobile insurance policy it issued based on a fraudulent application was void from its inception and that it had no financial obligation under the policy. The trial judge affirmed the voiding of the policy but found that, for purposes of innocent third parties, the voided policy should be reformed...

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