MARIE CALVAIRE v. LIBERTY MUTUAL INSURANCE COMPANY

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3518-04T13518-04T1

MARIE CALVAIRE,

Plaintiff-Appellant,

v.

LIBERTY MUTUAL INSURANCE

COMPANY,

Defendant.

____________________________

MARIE CALVAIRE,

Plaintiff-Appellant,

v.

FIRST TRENTON INDEMNITY

COMPANY,

Defendant-Respondent,

and

MARIE N. DESIR, JEAN D. DESIR,

AQUELL SYED, and MAROUN J. MAROUN,

Defendants.

___________________________________________________________

 

Argued January 10, 2006 - Decided January 26, 2006

Before Judges Coburn and Lisa.

On appeal from the Superior Court of New Jersey,

Law Division, Middlesex County, L-9192-02.

Donald T. Joworisak argued the cause for

appellant (Karim Arzadi, attorney; Mr. Joworisak,

on the brief).

William S. Bloom argued the cause for

respondent First Trenton Indemnity Company

(Methfessel & Werbel, attorneys; Mr. Bloom,

on the brief).

PER CURIAM

In this action against defendant Liberty Mutual Insurance Company ("Liberty") for personal injury protection benefits and underinsured motorist coverage, plaintiff Marie Calvaire appeals from an order granting defendant summary judgment.

The judge found that Calvaire had made material misrepresentations to Liberty respecting the seriousness of a subsequent automobile accident and the severity of the injuries she incurred as a result of that accident. Calvaire appeals, contending that the judge erred in finding that plaintiff's misstatements constituted fraud as a matter of law, thereby warranting denial of coverage.

After carefully considering the record and briefs, we are satisfied that all of Calvaire's arguments are without sufficient merit to warrant discussion in a written opinion,

R. 2:11-3(e)(1)(E), and we affirm substantially for the reasons expressed by Judge LeBlon in his thorough and well-reasoned oral opinion of October 22, 2004.

 
Affirmed.

(continued)

(continued)

3

A-3518-04T1

January 26, 2006