Topic
Material Misrepresentation
29 published works
Property Insurance Coverage Law Blog
Material Misrepresentations on an Insurance Application and During the Claims Process
A recent case out of the 8th Circuit Court of Appeals dealt with material misrepresentations.1 In 2006, an insured's home was destroyed by fire. He submitted a claim and it…
GovCon & Trade
Change in Personnel Not Material False Statement Under False Claims Act
By Todd Overman
U.S. ex rel American Systems Consulting Inc. v. ManTech Advanced Systems International, No. 14-3269 (6th Cir.) The Sixth Circuit recently affirmed the dismissal of a False Claims Act (FCA) suit…
Wiley Executive Summary
No Coverage Where Attorney Failed to Disclose Tolling Agreement With Client on Application for Insurance
The United States District Court for the Central District of California, applying California law, has held that, where an attorney enters into an agreement with his client to toll the…
Wiley Executive Summary
Court Refuses to Stay Rescission Action Pending Outcome of Underlying Proceeding
A California federal court has declined to stay a rescission action pending the outcome of the underlying indemnity proceeding. Century Sur. Co. v. Cal-Regent Ins. Servs. Corp., 2014 WL 3534907…
Wiley Executive Summary
Material Misrepresentation in Application Warrants Rescission of Crime Coverage
A California federal court has held that a tower of crime policies was rescinded as a result of a material misrepresentation on the application for the policies. Kurtz v. Liberty Mutual…
Property Insurance Coverage Law Blog
Material Misrepresentation: Treacherous Ground for the Unwary Policyholder
Despite the many authorities obligating insurers to treat their insureds fairly, to thoroughly investigate claims and to timely pay claims, it should come as no surprise that insurers look for…
Florida Insurance Blog
Lawsuit Filed After Insurance Company Claims “Material Misrepresentation” on Insurance Application
By Mark Nation
Our client submitted a claim for sinkhole losses at his home. The insurance company denied the claim based on what the insurer claims was a "material misrepresentation" on our client's insurance…
InsureReinsure
Second Circuit Court of Appeals Affirmed Summary Judgment For Insurer Ordering Rescission of a Life Insurance Policy Due to Material Misrepresentations in the Application
The Second Circuit Court of Appeals recently affirmed a United States District Court for the District of Connecticut’s judgment awarding summary judgment for an insurer seeking to rescind a life…
InsureReinsure
Due to Material Misrepresentations, Connecticut Federal Court Permits Rescission of $15 Million Life Insurance Policy Following Insured’s Death
The United States District Court for the District of Connecticut recently rescinded a $15 million life insurance policy following the insured’s death where the insurer discovered material misrepresentations in the…