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INDIAN HARBOR INS. CO. v. SP & K CONSTR.

2015-04871. Index No. 21437/12.

151 A.D.3d 704 (2017)

2017 NY Slip Op 04427

53 N.Y.S.3d 549

INDIAN HARBOR INSURANCE COMPANY, Appellant, v. SP&K CONSTRUCTION et al., Respondents. (And Another Title.).

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

Decided June 7, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

To establish the right to rescind an insurance policy, an insurer must show that its insured made a material misrepresentation of fact when securing the policy (see Caldara v Utica Mut. Ins. Co., 130 A.D.3d 665, 665 [2015]; Interboro Ins. Co. v Fatmir, 89 A.D.3d 993, 994 [2011]). A misrepresentation is material...

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