A.B.N. JEWELRY, INC. v. AM. ALLIANCE INS. CO.


242 A.D.2d 457 (1997)

662 N.Y.S.2d 254

A.B.N. Jewelry, Inc., Doing Business as Alex's Jewelry, Respondent, v. American Alliance Insurance Company et al., Appellants

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

September 16, 1997


We find that factual issues exist as to whether plaintiff made material misrepresentations, including inventory undervaluation in obtaining the insurance policy, upon which defendant American relied; whether plaintiff failed to comply with the recordkeeping requirements of the policy; and the extent of defendant American's knowledge of plaintiff's inventory and recordkeeping practices prior to issuing the policy (see, Franklin Natl. Bank v St. Paul Fire & Mar...

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