SMITH v. GUARDIAN LIFE INS. CO. OF AMERICA

2012-09448, 2012-09449, Index No. 8794/10.

116 A.D.3d 1031 (2014)

984 N.Y.S.2d 597

2014 NY Slip Op 2923

LISA LEIGH SMITH, Also Known as LISA SELMONOSKY, et al., Appellants, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Also Known as GUARDIAN, Respondent.

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

Decided April 30, 2014.


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

"[T]o establish its right to rescind an insurance policy, an insurer must demonstrate that the insured made a material misrepresentation. A misrepresentation is material if the insurer would not have issued the policy had it known the facts misrepresented" (Zilkha v Mutual Life Ins. Co. of N.Y., 287 A.D.2d 713, 714 [2001]; see Insurance...

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