Supreme Court, Rockland County, Grants Summary Judgment on Material Misrepresentation Issue

Judge Thomas P. Zugibe of the Rockland County Supreme Court granted summary judgment to our client, the defendant insurer, based on the plaintiff’s material misrepresentations when he applied for his dwelling policy.  In Najman v. Hyundai Marine & Fire Ins. Co., Ltd., the plaintiff argued that the defendant insurer knew and allowed for the property to be unoccupied for an extended period.  BMMP’s William J. Mitchell argued that the documentary evidence and testimony demonstrated no ambiguity and that plaintiff materially misrepresented occupancy.  The Court agreed and dismissed the case.  The Decision can be read here