Zilkha v. Mutual Life Insurance
Cases that cite this one
25 later published cases cite this decision.
- IPA Asset Management, LLC v. Certain Underwriters at Lloyd's London (Appellate Division of the Supreme Court of New York 2016)
- Morales v. Castlepoint Insurance (Appellate Division of the Supreme Court of New York 2015)
- Novick v. Middlesex Mutual Assurance Co. (Appellate Division of the Supreme Court of New York 2011)
- American Empire Surplus Lines Ins. Co. v. ZNKO Constr., Inc. (Appellate Division of the Supreme Court of New York 2023)
- Savva's Restaurant, Inc. v. KB Insurance Co., Ltd. (United States Bankruptcy Court, E.D. New York 2023)
- Fricano v. Law Offs. of Tisha Adams, LLC (Appellate Division of the Supreme Court of New York 2021)
- Thandi v. Otsego Mut. Fire Ins. Co. (Appellate Division of the Supreme Court of New York 2021)
- Friedman v. Otsego Mut. Fire Ins. Co. (Appellate Division of the Supreme Court of New York 2020)
- Liang v. Progressive Cas. Ins. Co. (Appellate Division of the Supreme Court of New York 2019)
- Neiditch v. William Penn Life Ins. Co. of N.Y. (Appellate Division of the Supreme Court of New York 2019)
- Leading Insurance Group Insurance Co. v. Xiao Wu Chen (Appellate Division of the Supreme Court of New York 2017)
- Joseph v. Interboro Insurance Co. (Appellate Division of the Supreme Court of New York 2016)
- Smith v. Guardian Life Insurance Co. of America (Appellate Division of the Supreme Court of New York 2014)
- Smith v. Guardian Life Insurance Co. of America (Appellate Division of the Supreme Court of New York 2014)
- Meah v. A. Aleem Construction Inc. (Appellate Division of the Supreme Court of New York 2013)
- Meah v. A. Aleem Construction Inc. (Appellate Division of the Supreme Court of New York 2013)
- Interboro Insurance v. Fatmir (Appellate Division of the Supreme Court of New York 2011)
- Barkan v. New York Schools Insurance Reciprocal (Appellate Division of the Supreme Court of New York 2009)
- Varshavskaya v. Metropolitan Life Insurance (Appellate Division of the Supreme Court of New York 2009)
- Schirmer v. Penkert (Appellate Division of the Supreme Court of New York 2007)
- Lawley Service, Inc. v. Progressive Weatherproofing, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Curiel v. State Farm Fire & Casualty Co. (Appellate Division of the Supreme Court of New York 2006)
- Edwards v. United States Liability Insurance (Appellate Division of the Supreme Court of New York 2005)
- Claim of Cruz v. New Millennium Construction & Restoration Corp. (Appellate Division of the Supreme Court of New York 2005)
- Parmar v. Hermitage Insurance (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to obtain benefits pursuant to a disability insurance policy, the defendant appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated April 13, 2000, which denied its motion for summary judgment dismissing the complaint and for judgment on its counterclaim seeking rescission of the policy.
In order to establish its right to rescind an insurance policy, an insurer must demonstrate that the insured made a material misrepresentation. A misrepresentation is material if the insurer would not have issued the policy had it known the facts misrepresented (see, Penn Mut. Life Ins. Co. v Remling, 268 AD2d 572, 573; Insurance Law § 3105 [b]). Ordinarily, the issue of materiality is a question of fact for the jury (see, Process Plants Corp. v Beneficial Natl. Life Ins. Co., 53 AD2d 214, 216, affd 42 NY2d 928). Here, there are issues of fact as to whether the plaintiff was, in fact, treated for certain medical conditions which she failed to disclose and whether any such alleged misrepresentations were material. Consequently, the defendant’s motion for summary judgment was properly denied. Altman, J. P., Krausman, Friedmann and Schmidt, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.