Varshavskaya v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*856“[T]o establish its right to rescind an insurance policy, an insurer must demonstrate that the insured made a material misrepresentation. A misrepresentation is material if the insurer would not have issued the policy had it known the facts misrepresented” (Zilkha v Mutual Life Ins. Co. of N.Y., 287 AD2d 713, 714 [2001]; see Schirmer v Penkert, 41 AD3d 688, 690 [2007]; Insurance Law § 3105 [b]). “To establish materiality as a matter of law, the insurer must present documentation concerning its underwriting practices, such as underwriting manuals, bulletins, or rules pertaining to similar…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Curanovic v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- Zilkha v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Parmar v. Hermitage InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Schirmer v. PenkertAppellate Division of the Supreme Court of the State of New York · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Interboro Insurance v. FatmirAppellate Division of the Supreme Court of the State of New York · 2011
- Joseph v. Interboro Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2016
- Novick v. Middlesex Mutual Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Morales v. Castlepoint InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
- Lema v. Tower Ins. Co. of N.Y.Appellate Division of the Supreme Court of the State of New York · 2014
10 more not listed; retrieve them via the Exa API.