New Jersey’s Appellate Division Upholds Insurer’s Right to Void Policy Based on the Policy’s Anti-Assignment Clause

The Appellate Division of the Superior Court of New Jersey affirmed the decision of the Law Division in favor of our client.  In Jian Shen v. Hyundai Marine & Fire Ins. Co., 2022 WL 1150954, BMMP’s William J. Mitchell argued that the insured lost her insurable interest in the property once she conveyed that property to an LLC, even though she controlled the LLC.  The Appellate Division agreed that both the policy and N.J.S.A. 17:36-5.19 prohibit such a transfer without the insurer’s consent.  As such, the change in ownership was a material misrepresentation, our client was justified in voiding the policy from the beginning, and the complaint was dismissed.  The Decision can be read here