Legal Opinion

Varshavskaya v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2009PublishedCited by 15 opinions

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

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Curanovic v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
  3. Zilkha v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  4. Parmar v. Hermitage InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  5. 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

  1. Interboro Insurance v. FatmirAppellate Division of the Supreme Court of the State of New York · 2011
  2. Joseph v. Interboro Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Novick v. Middlesex Mutual Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Morales v. Castlepoint InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
  5. 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.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API