Material Misrepresentation defense
September 25, 2020 No Comments
Alignment Chiropractic, P.C. v Travelers Home & Mar. Ins. Co., 2020 NY Slip Op 50994(U)(App. Term 2d Dept. 2020) “A misrepresentation is material if the insurer
Alignment Chiropractic, P.C. v Travelers Home & Mar. Ins. Co., 2020 NY Slip Op 50994(U)(App. Term 2d Dept. 2020) “A misrepresentation is material if the insurer
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
Maxford, Inc. v Erie Ins. Co. of N.Y., 2018 NY Slip Op 51057(U)(App. Term 2d Dept. 2018) “Defendant cross-moved on the ground that plaintiff’s assignor had fraudulently
Liliya Veksler, LCSW, P.C. v Ameriprise Ins. Co., 2018 NY Slip Op 50741(U)(App. Term 2d Dept. 2018). “In this action by a provider to recover assigned first-party
Quality Med. Care, PC v Progressive Cas. Ins. Co., 2017 NY Slip Op 50999(U)(Civ. Ct. Bronx Co. 2017) I read this and I think the Court missed
JCC Med., P.C. v Infinity Group, 2016 NY Slip Op 26439 (App. Term 2d Dept. 2016) (1) It is uncontroverted that defendant had issued a Georgia automobile
Joseph v Interboro Ins. Co., 2016 NY Slip Op 08050 (2d Dept. 2016) (1) “Based on the information provided by McKayle, Karis completed an application for insurance,
Renelique v National Liab. & Fire Ins. Co., 2016 NY Slip Op 51615(U)(App. Term 2d Dept. 2016) It appears that Oleg Rybak has gotten his point across
Healthy Way Acupuncture, P.C. v USAA Gen. Indem. Co., 2016 NY Slip Op 51342(U)(App. Term 1st Dept. 2016) “While defendant submitted evidence showing that plaintiff’s assignor misrepresented
Infinity Ins. Co. v Nazaire, 2016 NY Slip Op 31454(U)(Sup. Ct. Kings Co. 2016) This is a PA rescission case based upon a garaging issue. The Court
Compas Med., P.C. v Praetorian Ins. Co., 2016 NY Slip Op 51000(U)(App. Term 2d Dept. 2016) “Moreover, defendant failed to establish as a matter of law that
ELRAC LLC v Duque, 2016 NY Slip Op 26169 (App. Term 1st Dept. 2016) This is not a no-fault issue but something that has always worried me
Renelique v National Liab. & Fire Ins. Co., 2016 NY Slip Op 50254(U)(App. Term 2d Dept. 2016) “With respect to defendant’s cross motion, “[t]he proponent of a
Gutierrez v Tri State Consumers Ins. Co., 2015 NY Slip Op 51703(U)(App. Term 2d Dept. 2015) “Defendant demonstrated that the assignor, who was also the insured under
Want to cancel a policy that insures against proper damage? Material misrepresentation will do it. A policy that of insurance that insures against death or personal
Castlepoint Ins. Co. v Jaipersaud, 2015 NY Slip Op 02839 (1st Dept. 2015) “Thus, we are constrained to find that plaintiff is under no duty to defend
Delta Diagnostic Radiology, P.C. v Infinity Group, 2014 NY Slip Op 50602(U)(App. Term 2d Dept. 2014) The EUO was sufficient to raise an issue of fact as
Universal Health Chiropractic, P.C. v Infinity Prop. & Cas. Co., 2014 NY Slip Op 50350(U)(App. Term 2d Dept. 2014) No preclusion here. “The vehicle involved in the
Doctrinally, a fraudulent procurement defense should not be bound by the 30-day pay or deny rule. This is so since the Appellate Division in Kaplun specifically
Ideal Med. Supply v Mercury Cas. Ins. Co., 2013 NY Slip Op 23068 (App. Term 1st Dept. 2013) “Although plaintiff’s assignor was a named party in
