Material Misrepresentation defense
New York court clarifies the high burden insurers face when claiming material misrepresentation as a defense to deny coverage in no-fault insurance cases.
Read More →Material misrepresentation - procurement of insurance policy
24 articles by Jason Tenenbaum, Esq.
Material Misrepresentation in Insurance Claims: New York Legal Guide 2024
Expert guide to material misrepresentation in insurance claims under NY law. Learn your rights, defenses, and legal options. Call 516-750-0595 for free consultation.
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Material Misrepresentation Defense unsuccessful
Court rejects insurance company's material misrepresentation defense, ruling insurer failed to prove it wouldn't have issued policy with correct information disclosed.
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Material Misrepresentations – Must follow the Ins Law 3105 rule
New York court rules insurers must prove material misrepresentation with underwriting documentation. Ameriprise failed to establish it wouldn't have issued policy.
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Fraudulent procurement defense not substantiated
Bronx Civil Court rules fraudulent procurement defense unsubstantiated in Quality Med. Care v Progressive, highlighting evidentiary gaps in material misrepresentation claims.
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Georgia Law and New York law on material misrepresentations
Georgia and New York laws both prohibit retroactive rescission of auto insurance policies despite material misrepresentations in procurement applications.
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Material misrepresentation again
Court modifies Fatmir rule requiring insurers to provide documentation of underwriting practices to establish material misrepresentation in policy procurement cases.
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Fraudulent procurement has now been changed into a material misrepresentation defense
New York appellate court clarifies that fraudulent procurement defense must comply with Insurance Law 3105 material misrepresentation standards and requires underwriting manual proof.
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Proof of military status not enough on a material misrepresentation DJ
Court rules that proving military status misrepresentation isn't enough when insurance company fails to timely deny claim in no-fault case.
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The Court comments on a copy and paste job
Court criticizes insurance carrier's sloppy copy-and-paste affidavit with wrong policyholder name, highlighting importance of careful document preparation in rescission cases.
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Fraudulent procurement defense looks more like a 3105 defense
New York court ruling establishes that fraudulent procurement defense requires same evidence standards as Insurance Law 3105 material misrepresentation claims.
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The permissive use statute trumps the rental agreement
New York Appellate Term rules permissive use statute prevents rental companies from seeking indemnification from renters for accidents by unauthorized drivers.
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Material misrepresentation?
NY Court of Appeals ruling on material misrepresentation standards for no-fault insurance policy procurement fraud defense in Renelique v National Liability case.
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Why was misrepresentation material?
Insurance companies must prove misrepresentations were material to deny coverage. Court found insufficient evidence that false vehicle use claims would have increased premiums.
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Ins Law 3105 in the realm of no-fault? No way
Analysis of SS Med. Care, PC v USAA Gen. Indem. Co. case where Civil Court incorrectly applied Insurance Law 3105 to personal injury policy instead of proper material misrepresentation theory.
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An interesting case in the realm of misrepresentations
Court finds insurer can deny coverage despite keeping premiums when policyholder misrepresented property status on application, highlighting material misrepresentation defense complexities.
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Policy can be rescined under PA law; proof insufficient as to particular Assignor
PA law policy rescission case - insufficient proof against assignor in NY no-fault insurance fraud claim. Delta Diagnostic v Infinity Group 2014 decision analysis.
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Material misrepresentation – via Florida law
Florida court case on material misrepresentation in no-fault insurance applications and ab initio policy cancellation requirements under Florida law.
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Fraudulent procurement and preclusuion
New York no-fault insurance law addresses when carriers can raise fraudulent procurement defenses and timing requirements under the 30-day pay or deny rule.
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The declaratory judgment failed to name everybody
New York court ruling on declaratory judgment privity in no-fault insurance cases involving assignee providers and material misrepresentation claims.
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A primer on Florida Law
Analysis of Florida vs New York no-fault insurance laws, focusing on retroactive policy rescission differences and choice of law implications in cross-state accident cases.
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Material Misrepresentation in Insurance Procurement: New York Law Protects Policyholders
Learn how New York law protects policyholders from untimely insurance denials based on alleged misrepresentation. Long Island insurance attorneys explain your rights.
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The spreadsheet was not in admissible form?
Court case analysis examining admissibility of business records and material misrepresentation in no-fault insurance policy procurement disputes in New York.
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Identity Fraud in Insurance Policy Procurement: Long Island NYC Legal Guide
Expert analysis of identity fraud in insurance policy procurement. Long Island & NYC legal guidance on no-fault insurance fraud defense. Call 516-750-0595.
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