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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