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March 12, 2015

Pardalis & Nohavicka Insurance Coverage Update: "Primary Residence" Is Material Representation

Insured premises damaged by fire.  Claim was put in and the insured was notified that the carrier was disclaiming coverage because the application for insurance contained a misrepresentation regarding whether the premises would be owner-occupied and that the misrepresentation was material.  The court sustained the disclaimer even though the application had been submitted without insured's authority, because he ratified the representations by accepting the policy for owner-occupied premises and permitted it to be renewed for years later on the same terms.

Morales v Castlepoint Ins. Co.
http://www.nycourts.gov/reporter/3dseries/2015/2015_01618.htm

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