Magie v. Preferred Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Defendant argues that plaintiffs’ complaint should have been dismissed as a matter of law since the proof at trial allegedly demonstrated fraud and misrepresentation by plaintiffs and their adjuster, thus providing the ground for defendant to void the policy. A policy may be voided if the insured “ ‘willfully and fraudulently placed in the proofs of loss a statement of property lost which [the insured] did not possess, or has placed a false and fraudulent value upon the articles which [the insured] did own’ ” (Saks & Co. v Continental Ins. Co., 23 NY2d 161, 165 [1968], quoting Domagalski v…
2Cases cited12 opinions
- Saks & Co. v. Continental Ins.New York Court of Appeals · 1968
- Deitsch Textiles, Inc. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1984
- Martin v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 2005
- Carpinone v. Mutual of Omaha InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Domagalski v. Springfield Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1926
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Fabi v. HayesAppellate Division of the Supreme Court of the State of New York · 2012
- Fabi v. HayesAppellate Division of the Supreme Court of the State of New York · 2012
6 more not listed; retrieve them via the Exa API.