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MATTER OF METROPOLITAN PROPERTY AND CAS. INS. CO. v. ANTHONY

9248, 31065/17E.

172 A.D.3d 474 (2019)

97 N.Y.S.3d 857

2019 NY Slip Op 03662

In the Matter of Metropolitan Property and Casualty Insurance Company, Appellant, v. Ronald Anthony, Respondent.

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

Decided May 9, 2019.

Contrary to petitioner's contention, it was not permitted under North Carolina law to rescind the insurance policy ab initio after the accident involving an uninsured motorist had occurred. North Carolina insurance law prohibits rescission after an accident of any insurance "required" to be offered (see NC Gen Stat § 20-279.21 [f] [1]). This provision applies to prohibit rescission based on fraud in the application for insurance (see Odum v Nationwide Mut....

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