CHANG v. GEN. ACCIDENT INS. CO. OF AM.


193 A.D.2d 521 (1993)

598 N.Y.S.2d 178

Kyong Nam Chang, Doing Business as Mama Care, Respondent, v. General Accident Insurance Co. of America, Appellant

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

May 20, 1993


The IAS Court properly determined that summary judgment dismissing the first cause of action of the plaintiff's complaint for breach of contract was precluded by triable issues of fact as to whether the plaintiff had willfully or intentionally misrepresented the extent of his present insurance loss and his prior loss history.

Although, as the defendant-insurer correctly asserts, the policy of insurance issued to the plaintiff, a recent Korean immigrant, for his store...

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