ELLIS v. REPUBLIC INS. CO.


118 A.D.2d 411 (1986)

Elees Ellis, Appellant, v. Republic Insurance Company, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 4, 1986


In this action to recover under a fire policy, the insurer has raised the defense of material misrepresentation based on several glaring false statements contained in the insurance application. The loss occurred only six days after coverage had been purportedly bound. Review of the record reveals the existence of issues of fact as to the defendant agency's relationship with the insurer and its authority to bind and, most significantly, the source of the false information...

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