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STARR INDEM. & LIAB. CO. v. MONTE CARLO, LLC

Index No. 651045/13. Appeal No. 12781. Case No. 2019-03969.

190 A.D.3d 441 (2021)

139 N.Y.S.3d 57

2021 NY Slip Op 00044

Starr Indemnity & Liability Company, Respondent-Appellant, v. Monte Carlo, LLC, et al., Appellants-Respondents, et al., Defendant.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Farrell Fritz, P.C., Uniondale ( Franklin C. McRoberts of counsel), for appellants-respondents.

Kerley Walsh Matera & Cinquemani, P.C., Seaford ( Lauren Bristol of counsel), for respondent-appellant.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

A misrepresentation in an insurance application is material, voiding the policy ab initio, if, had the true facts been known, either the insurer would not have issued the policy or would have charged a higher premium (Interested Underwriters at Lloyd's v H.D.I. III Assoc., 213 A.D.2d 246, 247 [1st Dept 1995]). Even an innocent misrepresentation is sufficient to void the policy (see...

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