On September 21, 2023, in Xiao Dong Lin v. Hyundai Marine & Fire Insurance Company, et al., Judge Sally E. Unger granted our pre-answer motion to dismiss the complaint, based on documentary evidence, and held that our client rightfully rescinded the subject fire insurance policy due to material misrepresentation. The plaintiff argued that based on policy renewals, plaintiff’s material misrepresentation was waived. In contrast, 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 Court dismissed the complaint in its entirety. The Decision can be read here
