CONT'L INS. CO. v. HELMSLEY ENTERS., INC.


211 A.D.2d 589 (1995)

622 N.Y.S.2d 20

Continental Insurance Company, Appellant, v. Helmsley Enterprises, Inc., et al., Respondents

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

January 31, 1995


The IAS Court properly determined that plaintiff waived its right to seek rescission of the contract of insurance when it knowingly accepted premium payments for several months following discovery of the alleged misrepresentations upon which it claimed to have relied when it issued the policies. Plaintiff's claimed attempt to both accept premiums and reserve its right to rescind is unenforceable for lack of mutuality and timeliness (see, McNaught v Equitable Life...

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