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Campese v. National Grange Mutual Insurance
Citations: 259 A.D.2d 957; 689 N.Y.S.2d 313; 1999 N.Y. App. Div. LEXIS 3059
Court: Appellate Division of the Supreme Court of the State of New York; March 18, 1999; New York; State Appellate Court
Order and judgment reversed unanimously without costs, denying the defendant's motion and reinstating the plaintiff's complaint. Frank Campese applied for a homeowner’s insurance policy, claiming no prior cancellations or losses. After the policy was issued, a fire and wind damaged his home, but the defendant denied the claim, alleging material misrepresentations in Campese’s application. While the Supreme Court correctly noted that Campese was aware of the misrepresentations, it incorrectly ruled that these misrepresentations were material as a matter of law. The defendant failed to provide sufficient evidence regarding its underwriting practices that would demonstrate it would have denied the application had accurate information been supplied. The evidence showed only that the application would have prompted further review, not outright denial. The underwriter's vague statement did not satisfy the legal standard for establishing materiality. Consequently, the prior judgment was reversed, the motion denied, and the complaint reinstated.