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Material Misrepresentation Rendered Insurance Policy Void Ab Initio

In determining that a material misrepresentation (i.e., no roofing work would be done) allowed the rescission of an insurance policy, rendering the policy void ab initio, the Second Department wrote:

“To establish the right to rescind an insurance policy, an insurer must show that its insured made a material misrepresentation of fact when he or she secured the policy” … . “A misrepresentation is material if the insurer would not have issued the policy had it known the facts misrepresented” (…see Insurance Law § 3105[b]…). ” To establish materiality as a matter of law, the insurer must present documentation concerning its underwriting practices, such as underwriting manuals, bulletins, or rules pertaining to similar risks, that show that it would not have issued the same policy if the correct information had been disclosed in the application'” … . ” [M]aterial misrepresentations . . . if proven, would void the . . . insurance policy ab initio'” … .  Meah v A Aleem Constr, Inc, 2013 NY Slip Op 02727, 2nd Dept, 4-24-13

 

 

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