Pilato v. Nassau Insurance

In an action, inter alia, to recover on an automobile insurance policy, the defendant appeals from a judgment of the Supreme Court, Nassau County, entered December 3,1979, which, after a nonjury trial, is in favor of plaintiff. Judgment reversed, on the law, and new trial granted in accordance herewith, with costs to abide the event. We agree with the trial court’s conclusion that the insurance policy could not be rescinded ab initio because of an alleged material misrepresentation by the plaintiff. An automobile insurance policy may be canceled only pursuant to the procedures set forth in…