To establish its right to rescind an insurance policy, "an insurer must demonstrate that the insured made a material misrepresentation," and to establish materiality as a matter of law, "the insurer must present documentation concerning its underwriting practice . . . which show that it would not have issued the same policy if the correct information had been disclosed in the application." (Credit: Olivier Le Moal/Shutterstock.com)
A number of years ago, a couple purchased a three-story house in New York City's Queens borough that contained three separate dwelling units, each with its own kitchen, bathroom and separate entrance. Thereafter, the couple applied for and obtained a fire insurance policy from Otsego Mutual Fire Insurance Co., indicating on their application that the house was a two-family dwelling. After the house was damaged by fire, Otsego rescinded its policy on the ground that the couple had made a material misrepresentation of fact by stating on their insurance application that the house was a two-family dwelling.
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