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POSITIVE INFLUENCE FASHIONS, INC. v. SENECA INSURANCE COMPANY

43 A.D.3d 796 (2007)

843 N.Y.S.2d 556

POSITIVE INFLUENCE FASHIONS, INC., Respondent, v. SENECA INSURANCE COMPANY, Appellant.

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

Decided September 27, 2007.

Defendant did not sustain its burden of showing that plaintiff insured's alleged misrepresentations were, in fact, willful and intentional (see Kyong Nam Chang v General Acc. Ins. Co. of Am., 193 A.D.2d 521 [1993]). There is a question of fact at least as to whether plaintiff made its claim of near-total loss of goods to smoke damage in good faith after persons in the garment industry, as well as the public adjuster, opined that...

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