Attorney obtained summary judgment in favor of an insurance company in a declaratory judgment coverage action brought by the insurance carrier against its insured

Attorney obtained summary judgment in favor of an insurance company in a declaratory judgment coverage action brought by the insurance carrier against its insured. The undisputed evidence in the case revealed that at all times, including the time when the insured initially applied for a Vermont insurance policy and the times when the insurance carrier subsequently issued annual renewal policies to the insured, the insured lived, worked and principally garaged the insured vehicle in New Jersey. The insured was involved in a motor vehicle accident in New Jersey, and when the insured tendered his defense to his Vermont insurance carrier the carrier disclaimed coverage on the basis that the insured's policy, in effect at the time of the accident, was void because of misrepresentations the insured had made that he lived and garaged the insured vehicle in Vermont. Applying Vermont law, the court held that the insured's undisputed misrepresentations on his insurance policy application that he lived and garaged the insured vehicle in Vermont were material because the insurance carrier relied on these representations when deciding to insure defendant’s vehicle and pursuant to the terms of the policy, the policy was void ab initio.