Topic
Material Misrepresentation
29 published works
Ohio Appellate Insights
Merit Decision: Court Upholds Voiding of Insurance Policy for Material Misstatements by Insured in Application. Nationwide Mut. Fire Ins. Co. v. Pusser
“We consider the language in the policy—which states that the policy could be rendered void ab initio if the insured’s warranty proved to be untrue—to be a sufficient warning.” Justice…
The CLS Blue Sky Blog
Do Firms Conceal Material Misstatements by Reporting Revisions Rather than Restatements?
Disclosure of financial reporting errors is vital to maintaining investors’ trust in the capital markets. Yet, in recent years the number of misstatements corrected in restatements of financial reports has…
Harvey & Binnall Insight & News
Material Misrepresentations Can Invalidate a Contract
Experienced Alexandria Business Dispute Lawyer If you’ve breached a contract, then you could be exposed to significant civil damage liability as a result. When defending against a breach of contract…
Bad Faith Sentinel
Eastern District of Kentucky Grants Insurer’s Motion for Summary Judgment, Agreeing that Insured Made a Material Misrepresentation in his Claim
By mmacdonald
Eastern District of Kentucky Grants Insurer’s Motion for Summary Judgment, Agreeing that Insured Made a Material Misrepresentation in his Claim Lawrence Proctor submitted a claim to GEICO for damage to…
EB-5 Insights
Maintaining Eligibility for Permanent Residence for EB-5 Investors: Criminal Issues and Material Misrepresentations
EB-5 investors should maintain their eligibility for conditional permanent resident status, especially during any period of visa backlog occurring in between the time of I-526 Petition approval and when the…
Wiley Executive Summary
No Coverage Due to Material Misrepresentation on Insurance Application Based on Totality of Circumstances
An intermediate New Jersey appellate court has affirmed a trial court’s decision concluding that no coverage was available for a legal malpractice claim because the insured law firm made material…
Retail & Consumer Products Law Observer
CPSC Withdraws Material Misrepresentation Claim against Michaels Stores in Shattered Vases Case
By Matthew Cohen, Stephanie Crawford
Earlier this month, the Consumer Product Safety Commission in tandem with the Department of Justice withdrew its “material misrepresentation” claim in its ongoing lawsuit against arts and crafts retailer Michaels…
Wiley Executive Summary
Insurer Entitled to Rescind Lawyers Professional Liability Policy Where Insured Made Material Misrepresentations in Application
The U.S. District Court for the Southern District of Illinois, applying Illinois law, has held that an insurer was entitled to rescission of a policy where the insured made material misrepresentations…
Wiley Executive Summary
Insured Lawyers’ Material Misrepresentations Warrant Rescission and Coverage also Barred by Prior Knowledge Exclusion
The United States District Court for the Northern District of Mississippi, applying Mississippi law, has granted summary judgment in favor of an insurer, holding that the insurer is entitled to…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 15 – Volume 12 – Material Misrepresentation
By Barry Zalma
Material Misrepresentation The materiality of a misrepresentation or concealment of a material fact is usually a mixed question of law and fact that under most circumstances should be determined by…