Supreme Court, New York County, Dismisses Claim of the Owner of an Over-Occupied House

On December 21, 2022, Judge Debra James granted our pre-answer motion to dismiss the complaint by a property owner seeking insurance coverage because the property owner over-occupied the subject house.  In Xin Wang Chen v. Hyundai Marine & Fire Insurance Company, et al., BMMP’s William J. Mitchell presented undeniable and uncontroverted evidence of a material misrepresentation in the insurance application, which allowed the insurer to void the policy ab initio.  The Decision can be read here