The Mitchell Case -3
In his first amended complaint, Mitchell admitted that the application for insurance submitted to United National “contained inaccuracies” that caused United National to rescind the policy, but claimed that those inaccuracies were not material and were solely the fault of his brokers.
Ms. Messina, the underwriter, stated in an undisputed declaration that the size and condition of the building, as well as its proposed use as an owner occupied business, were important factors in rating the risk to be insured against and in deciding whether or not to issue an insurance policy.
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