tag:blogger.com,1999:blog-4754540220266106237.post5700675524951891607..comments2024-03-17T16:43:50.668-04:00Comments on Coverage Counsel: Auto Policy Renewed Years After Registrant's Death Voided Ab InitioRoy A. Murahttp://www.blogger.com/profile/06367888044845855898noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4754540220266106237.post-36953503934213516182008-10-20T17:49:00.000-04:002008-10-20T17:49:00.000-04:00No, it's not a contradiction. There is a distinct...No, it's not a contradiction. There is a distinction between the two cases. In "Kaplun," the policyholder made a material misrepresentation about where his car was garaged (upstate as opposed to Brooklyn, the true location), in a bid to pay a lower premium. In the case at bar, although the court calls it misrepresentation, it is more correctly a lack of capacity to contract issue. There is a standard provision in auto policies which states that if the policyholder dies, coverage continues only until the end of the policy, and then only for the benefit of the administrator of the estate. Once the policy expires, the dead person can't renew it. <BR/><BR/>I am litigating a similar DJ action in Kings right now, where the policyholder died and his adult son kept renewing the policy for 4 years in his father's name without notifying the insurer of the death. Then he got hit by a car while crossing a street and is looking for $150k in UM benefits. Our motion for summary judgment will be argued in November.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4754540220266106237.post-41922113064504321532008-10-19T20:00:00.000-04:002008-10-19T20:00:00.000-04:00Doesn't this directly contradict the holding in In...Doesn't this directly contradict the holding in Ins. Co. of North America v. Kaplun, 274 AD2d 293, 713 NYS2d 214 (2nd Dept. 2000)? I realize that Battaglia is a 4th Dept. case but we can we now say, officially, that there is a split in the departments on this issue?Richardhttps://www.blogger.com/profile/07004109457726372259noreply@blogger.com