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TOWER INSURANCE COMPANY OF NEW YORK v. KHAN

7242, 106833/10.

93 A.D.3d 618 (2012)

941 N.Y.S.2d 560

2012 NY Slip Op 2409

TOWER INSURANCE COMPANY OF NEW YORK, Respondent, v. CAMILLE KHAN et al., Appellants.

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

Decided March 29, 2012.

Plaintiff established its entitlement to summary judgment declaring that it had no obligation to defend Khan under the terms of the policy based on her misrepresentation in the application process. The policy was for a one- or two-family primary residence. However, Khan acknowledged that she did not use the covered premises as her primary residence. Moreover, plaintiff's underwriting guidelines make clear that it will not insure...

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