Church of Transfiguration v. New Hampshire Insurance

—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant insurer’s motion for summary judgment dismissing the complaint. Defendant moved for summary judgment on the ground that plaintiffs made material misrepresentations on their application for insurance for their yacht. In that application, plaintiffs drew a line through the space allotted for "Particulars and Amount Of All Yacht And Outboard Losses In Past Three Years.” Even assuming that plaintiffs failed to report a prior total loss of the boat and…