Legal Opinion
Zilkha v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided October 29, 2001PublishedCited by 25 opinions
1Opinion of the Court
—In an action to obtain benefits pursuant to a disability insurance policy, the defendant appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated April 13, 2000, which denied its motion for summary judgment dismissing the complaint and for judgment on its counterclaim seeking rescission of the policy.
*714Ordered that the order is affirmed, with costs.
In order to 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…
2Cases cited2 opinions
- Process Plants Corp. v. Beneficial National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- Penn Mutual Life Insurance v. RemlingAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by25 opinions
- Parmar v. Hermitage InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Interboro Insurance v. FatmirAppellate Division of the Supreme Court of the State of New York · 2011
- Schirmer v. PenkertAppellate Division of the Supreme Court of the State of New York · 2007
- Claim of Cruz v. New Millennium Construction & Restoration Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Barkan v. New York Schools Insurance ReciprocalAppellate Division of the Supreme Court of the State of New York · 2009
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