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31-01 102ND ST. ASSOC., INC. v. ACE EUR. INS. GROUP

2011-02890.

101 A.D.3d 851 (2012)

954 N.Y.S.2d 883

31-01 102ND STREET ASSOCIATES, INC., Plaintiff, v. ACE EUROPEAN INSURANCE GROUP, Also Known as ACE EUROPEAN INSURANCE COMPANY, Respondent, and R&W BROKERAGE, INC., et al., Appellants, et al., Defendants.

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

December 12, 2012.

Ordered that the order is affirmed, with one bill of costs.

The defendant Ace European Insurance Group, also known as Ace European Insurance Company (hereinafter Ace), established, prima facie, that the plaintiff made a material misrepresentation in its application for insurance and that, based on the relevant underwriting policies, Ace would not have issued the subject policy to the plaintiff had the correct information been disclosed in the application. Thus, Ace...

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