SUPREME IMP. & EXP. CO., INC. v. YASUDA FIRE & MARINE INS. CO. OF AM.


211 A.D.2d 598 (1995)

622 N.Y.S.2d 511

Supreme Import and Export Co., Inc., Respondent, v. Yasuda Fire & Marine Insurance Company of America, Appellant, et al., Defendants

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

January 31, 1995


The IAS Court correctly denied defendant insurer's motion for summary judgment on the ground that issues of fact exist concerning whether any prior loss information not conveyed was "material", i.e., whether defendant would have refused to issue the policy if it had been fully informed of plaintiff insured's prior loss history (Insurance Law § 3105 [b]; Alaz Sportswear v Public Serv. Mut. Ins. Co., 195...

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