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SIRIUS AMERICA INSURANCE COMPANY v. JOLINE ESTATES, LLC

55 A.D.3d 899 (2008)

866 N.Y.S.2d 739

SIRIUS AMERICA INSURANCE COMPANY, Respondent, v. JOLINE ESTATES, LLC, Respondent, et al., Defendants, and UNDERWRITERS AT LLOYDS, et al., Appellants.

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

October 28, 2008.

Ordered that the order is affirmed, with costs to the respondent.

The documentary evidence submitted by the defendants Underwriters at Lloyds (hereinafter Underwriters) and Harbin Adjustment Company, Inc. (hereinafter Harbin) (together Lloyds), failed to establish that the defendant Premiere Builders Corp. (hereinafter Premiere) had made a material misrepresentation in its August 2004 insurance application that rendered...

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