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NOVICK v. MIDDLESEX MUTUAL ASSURANCE COMPANY

2011-00365.

84 A.D.3d 1330 (2011)

924 N.Y.S.2d 296

EDWARD J. NOVICK, Respondent, v. MIDDLESEX MUTUAL ASSURANCE COMPANY, Appellant.

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

Decided May 31, 2011.

Ordered that the order is affirmed, with costs.

To establish its right to rescind an insurance policy, an insurer must show that the insured made a material misrepresentation when he or she secured the policy (see Varshavskaya v Metropolitan Life Ins. Co., 68 A.D.3d 855, 856 [2009]; Zilkha v Mutual Life Ins. Co. of N.Y., 287 A.D.2d 713, 714 [2001]). "A misrepresentation is material...

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