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ZILKHA v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK

287 A.D.2d 713 (2001)

732 N.Y.S.2d 51

NAOMI ZILKHA, Respondent, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Appellant.

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

Decided October 29, 2001.

Ordered that the order is affirmed, with costs.

In order to establish its right to rescind an insurance policy, an insurer must demonstrate that the insured made a material misrepresentation. A misrepresentation is material if the insurer would not have issued the policy had it known the facts misrepresented (see, Penn Mut. Life Ins. Co. v Remling, 268 A.D.2d 572, 573; Insurance...

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