Morris v. Merchants Mutual Insurance

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion and defendant’s cross motion for summary judgment. The uncontroverted evidence establishes that defendant would not have issued a comprehensive general liability insurance policy for a roofing business and there is a question of fact whether plaintiff misrepresented to defendant’s agent that plaintiff’s newly-formed business would be principally engaged in carpentry work, rather than roofing. The record also does not establish whether the work in question was being performed by plaintiff’s…