Judgment for Long Island Insurance Company
Israel Greenfield was an additional insured under an auto policy issued to his father, Morris Greenfield. Israel, a man in his 50s, was crossing a street when he was struck and seriously injured by a hit and run driver. During Israel's examination under oath (EUO), he was asked where his father Morris lives, and Israel gave an address a few blocks away. Investigators later discovered that Morris actually died 4 years before the accident and that Israel was renewing the policy every 6 months in his father's name. Long Island Ins. Co. brought this action to have the policy declared void. The Court held that an insurance policy cannot be renewed after the death of the named insured, and that Israel Greenfield committed fraud by renewing the policy in his father's name several times without notifying the insurer of the death of his father. In addition, it was fraud for Israel Greenfield to testify under oath that his father "lives" at a certain address when in fact he had been dead for 4 years.