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Judge Upholds Possessive Recission Following Fraudulent Procurement of Policy

Nicholas E. Girimont drafted and argued our Motion for Summary Disposition which sought dismissal based upon a valid recission of the policy as a result of plaintiff’s fraudulent procurement of the policy.  Our MSD established that the Plaintiff failed to disclose all resident relatives 14 years of age or older at the time of application, and that these misrepresentations were material to the risk Progressive assumed in issuing the policy. As a result, Progressive rescinded the policy pursuant to its antifraud provision. Upon oral arguments, Judge Servitto ruled that Plaintiff failed to provide any documentary evidence to raise a genuine issue of material fact, and granted the recission which dismissed the case against Progressive.

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