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Material misrepresentationJuly 24, 2019

Commitment Care, P.T., P.C. v Travelers Home & Mar. Ins. Co., 2019 NY Slip Op 51157(U)(App. Term 2d De

“Upon a review of the record, we find that defendant failed to establish as a matter of law that it would not have issued the policy in question. Consequently, defendant did not demonstrate, prima facie, that the misrepresentation by plaintiff’s assignor was material.”

“What is noteworthy is that recent trend on fraudulent procurement has taken a turn to Ins Law 3105 and the Fatima case.”

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