Retroactive Cancellation of Policy Ok As to Insured and Anyone else a Party to Misrepresentation Due to Lack of Insurable Interest: Rodriguez V Allstate Ins. Co (Courtside‪)‬

Defendant Allstate Insurance Company moved for summary judgment under CLPR 3212. Plaintiffs Luis Rodriguez and Rafael Jiminez subsequently moved to preclude defendant from testifying at trial and to strike its complaint, or in the alternative, for an order scheduling depositions with preclusionary language. Plaintiff Rodriguez was the holder of an automobile insurance policy with defendant. Plaintiff Jiminez was the titled owner of the vehicle, a 2001 Mitsubishi. On May 21, 2004, the vehicle was stolen, but was recovered nine days later on May 30, 2004 in damaged condition. Defendant denied plaintiff Rodriguez' claim on grounds of material misrepresentations made in the insurance application regarding vehicle ownership; in turn, plaintiffs filed the action here in, alleging six causes of action. Three were dismissed by a [prior order] granting defendant's motion for summary judgment. In the remaining causes of action, plaintiffs allege breach of contract, misrepresentation of defendant's employees (who are also defendants in this case), and professional malpractice.