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CHAI-CHEN v. METROPOLITAN LIFE INS. CO.

Index No. 650153/16. Appeal No. 12998. Case No. 2019-04604.

190 A.D.3d 635 (2021)

2021 NY Slip Op 00489

Jenny Jin Chai-Chen et al., Appellants, v. Metropolitan Life Insurance Company et al., Defendants, and Cui Li, Also Known as Jessica Li, Individually and as Agent of Metropolitan Life Insurance Company, Respondent.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Heng Wang & Associates, P.C., New York ( Heng Wang of counsel), for appellants.

Winget, Spadafora & Schwartzberg, LLP, New York ( Christina M. Rieker of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

The motion court properly dismissed the action against Li, who was acting as an insurance broker for former defendant Metropolitan Life Insurance Company. An insured has the duty to read the insurance policy or have it read to him or her, as well as the duty to correct any inaccuracies present on the insurance application (Minsker v John Hancock Mut. Life Ins. Co., 254 N.Y. 333, 338 [1930]). Plaintiffs' argument that they are not responsible for any misrepresentations...

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