Legal Opinion
Novick v. Middlesex Mutual Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 2011PublishedCited by 11 opinions
1Opinion of the Court
In an action to recover the proceeds of a marine insurance policy, the defendant appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated November 29, 2010, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
To establish its right to rescind an insurance policy, an insurer must show that the insured made a material misrepresentation when he or she secured the policy (see Varshavskaya v Metropolitan Life Ins. Co., 68 AD3d 855, 856 [2009]; Zilkha v Mutual Life Ins. Co. of N.Y., 287 AD2d 713, 714 [2001]). “A…
2Cases cited5 opinions
- 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
- Schirmer v. PenkertAppellate Division of the Supreme Court of the State of New York · 2007
- Varshavskaya v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Tuminelli v. First Unum Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by11 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
- Caldara v. Utica Mutual 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
- Leading Insurance Group Insurance Co. v. Xiao Wu ChenAppellate Division of the Supreme Court of the State of New York · 2017
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