The Standard of Materiality for Misrepresentations Under New York Insurance Law - A State of Unwarranted Confusion
11.30.11
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Litigation partners Andy Amer and Linda Martin have written an article entitled “The Standard of Materiality for Misrepresentations Under New York Insurance Law - A State of Unwarranted Confusion” that will be published in vol. 17.2 of the Connecticut Insurance Law Journal. The article discusses the governing standard under New York law—established by the New York Court of Appeals in Geer v. Union Mut. Life Ins. Co—for determining whether a misrepresentation in an insurance application is material, and analyzes conflicting case law in which numerous courts have applied a subjective standard despite the objective (reasonable person) standard set forth in Geer.