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Ambac Assurance Corporation, et al., Appellants,v.Countrywide Home Loans, Inc., et al., Respondents, Bank of America Corp., Defendant.

Brief

18 Cited authorities

  1. MBIA Ins. Corp. v. Countrywide Home Loans, Inc.

    105 A.D.3d 412 (N.Y. App. Div. 2013)   Cited 55 times   3 Legal Analyses
    Holding that granting a motion for summary judgment awarding rescissory damages was inappropriate because rescission was not warranted

  2. Mutual Benefit Life Insurance v. JMR Electronics Corp.

    848 F.2d 30 (2d Cir. 1988)   Cited 69 times
    Denying a smoker a life insurance policy when he claimed he was a non-smoker in his application and thereby paying a lower premium rate, finding this to be a material misrepresentation since "knowledge of . . . the facts misrepresented would have led to a refusal by the insurer to make such a contract."

  3. Syncora Guarantee Inc. v. EMC Mortgage Corp.

    874 F. Supp. 2d 328 (S.D.N.Y. 2012)   Cited 26 times
    Finding Syncora could establish a material and adverse effect by showing a breach increased its risk of loss on a certificate insurance policy, regardless of whether the breaches caused any loans to default

  4. Assured Guaranty Municipal Corp. v. Flagstar Bank, FSB

    892 F. Supp. 2d 596 (S.D.N.Y. 2012)   Cited 22 times
    Holding a breach causes a material and adverse effect if it significantly increases a loan's risk of loss

  5. Vander Veer v. Continental Casualty Co.

    34 N.Y.2d 50 (N.Y. 1974)   Cited 48 times
    In Vander Veer the Court of Appeals, in considering an undisclosed cardiac abnormality for which the insured had been treated, stated (pp 52-53): "As an insurer, the defendant is free to select its risks and it makes inquiry of matters which it deems material to the risk.

  6. Matter of Met. Life Ins. Co. v. Conway

    252 N.Y. 449 (N.Y. 1930)   Cited 124 times
    Holding that policy rider providing that policy shall be void if death results from non-fare-paying aircraft travel was not inconsistent with statutory incontestability rule

  7. Geer v. Union Mutual Life Ins. Co.

    273 N.Y. 261 (N.Y. 1937)   Cited 100 times   1 Legal Analyses
    In Geer v. Union Mut. Life Ins. Co. (supra, p. 270), the court said: "The insurance company did not agree that a jury might decide what risks the company should accept.

  8. Barrett v. Mut. Assur. Co.

    58 A.D.2d 320 (N.Y. App. Div. 1977)   Cited 20 times
    In Barrett v. State Mutual Life Assurance Co., 58 A.D.2d 320, 396 N.Y.S.2d 848 (1st Dep't 1977), aff'd, 44 N.Y.2d 872, 407 N.Y.S.2d 478, 378 N.E.2d 1047 (1978), cert. denied, 440 U.S. 912, 99 S.Ct. 1226, 59 L.Ed.2d 461 (1979), for example, the Court found that misrepresentations concerning the insured's medical history contained in his application for life insurance were material as a matter of law, notwithstanding a jury's verdict granting recovery under the policy.

  9. Cherkes v. Postal Life Ins. Co.

    285 AD 514 (N.Y. App. Div. 1955)   Cited 19 times
    In Cherkes v. Postal Life Ins. Co. (supra), the Appellate Division (285 App. Div. 514, 516) in a similar case, directed the dismissal of the complaint in the following language: "Defendant's negligence in not making further inquiry may be conceded, but that is not the equivalent of knowledge, nor does it cancel out or counteract the insured's fraud.

  10. Cherkes v. Postal Life Insurance Company

    309 N.Y. 964 (N.Y. 1956)   Cited 12 times

    Argued November 21, 1955 Decided January 12, 1956 Appeal from the Supreme Court, Appellate Division, First Department, DICKSTEIN, J. Leonard M. Mandel and Elliot B. Paley for appellants. Orrin G. Judd and James F. Cahill for respondent. Judgment affirmed, with costs; no opinion. Concur: CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ. Taking no part: DYE, J.

  11. Section 3105 - Representations by the insured

    N.Y. Ins. Law § 3105   Cited 321 times   6 Legal Analyses
    Requiring "inducement"

  12. Section 3106 - Warranty defined; effect of breach

    N.Y. Ins. Law § 3106   Cited 53 times

    (a) In this section "warranty" means any provision of an insurance contract which has the effect of requiring, as a condition precedent of the taking effect of such contract or as a condition precedent of the insurer's liability thereunder, the existence of a fact which tends to diminish, or the non-existence of a fact which tends to increase, the risk of the occurrence of any loss, damage, or injury within the coverage of the contract. The term "occurrence of loss, damage, or injury" includes the

  13. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review