Indian Harbor Insurance Co. v. SP&K Construction

In an action for a judgment declaring that an insurance policy issued by the plaintiff to the defendants is void and that the plaintiff is entitled to rescission of the policy, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated March 23, 2015, as denied its motion for summary judgment on the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

To establish the right to rescind an insurance policy, an insurer must show that its insured made a material misrepresentation of fact when…