H.B. SINGER, INC. v. MISSION NAT'L INS. CO.


223 A.D.2d 372 (1996)

636 N.Y.S.2d 316

H.B. Singer, Inc., Respondent, v. Mission National Insurance Company, Appellant, et al., Defendants

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

January 9, 1996


There is no merit to defendant's insurer's contention that plaintiff was under a duty to disclose certain information and prior history regarding the premises. The evidence offered by defendant on the issue of materiality as to the particular facts was discredited by the Referee, a finding that defendant does not appear to challenge on appeal. Even assuming materiality, nondisclosure of a fact concerning which the applicant has not been asked does not ordinarily void an insurance...

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