Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06104
Indian Harbor Insurance Company v SP & K Construction, Inc.
Read the official decision: 2026 NY Slip Op 06104
Holding The insurer failed to demonstrate entitlement to rescind the policy because it did not present documentation showing its underwriting practices would have prohibited issuance had the true facts been disclosed. The court affirmed the dismissal of the complaint but modified the judgment to award the defendants costs and attorneys’ fees.
The court’s words
the plaintiff's witness did not identify any underwriting guideline or policy that would have prohibited the issuance of the insurance policy
2026 NY Slip Op 06104, at the official text
the guideline for an 'owner's interest' policy did not specifically require the insured to enter into hold-harmless agreements
2026 NY Slip Op 06104, at the official text
the amended judgment must contain a provision declaring that the insurance policy is not void
2026 NY Slip Op 06104, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06104 |
| Area of law | Insurance |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06104 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1369 |
Recommended citation
ESQ HQ, New York Law Watch, Indian Harbor Insurance Company v SP & K Construction, Inc., 2026 NY Slip Op 06104 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06104/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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