Topic
Misrepresentation
289 published works
British Columbia Insurance Blog
Where the value of a loss far exceeds the insured amount an intentonal misrepresentation about value does not effect coverage
In a claim under a policy of property insurance where the value of the loss far exceeded the limits of the policy, it was determined that the plaintiff had no…
Legal Profession Blog
Struggling To Consensus
A divided Wisconsin Supreme Court (so what else is new?) was able to garner four votes holding that an attorney had made a false statement in a 2006 mass mailing.…
InsureReinsure
UK: Court of Appeal Reviews Entire Agreement Clauses
In Axa Sun Life Services v Campbell Martin [2011] EWCA Civ 133, the Court of Appeal reviewed standard appointed representative agreements entered into between Axa and several different companies. The…
Insurance Law Hawaii
Hawaii Supreme Court Affirms Denial Cancellation of Policy Based on Misrepresentation
In October, we reported here that the Intermediate Court of Appeals affirmed the cancellation of a policy based on the insured's misrepresentation of the type of vehicle being insured. The Hawaii Supreme…
Sixth Circuit Appellate Blog
Sixth Circuit Reverses Dismissal of Class Suit on Motorcycle Helmets
By Bruce Khula
In Fabian v. Fulmer Helmets, Inc. (6th Cir. 10-5009, Dec. 23, 2010) (PDF), the Sixth Circuit reversed dismissal by the trial court of a pre-certification, class-action lawsuit predicated on a…
Legal Profession Blog
Fee False Statements Draw Reprimand
The web page of the Massachusetts Board of Bar Overseers reports a recent public reprimand:On January 1, 2008, the respondent joined a Boston law firm. Up to that time, the…
Best Practices Construction Law
Divided Tennessee Supreme Court Concludes that “Opinion” Can Form Basis of Intentional Misrepresentation Claim
Some court decisions provide little instruction for future disputes. Other court decisions give you a great road map for analyzing your claims. Every now and then you find a decision…
Insurance Law Hawaii
Misrepresentation Justifies Insurer’s Cancellation of Policy
The insurer's cancellation of a policy based upon a misrepresentation of the vehicle being covered was deemed justified by the Hawaii Intermediate Court of Appeal in Farmer v. Pacific…
Florida Insurance Blog
Battling Dec Actions Filed Concerning Alleged Material Misrepresentation
By Mark Nation
My client insures multiple vehicles on his auto policy with Cornerstone National Insurance Company. The auto insurance policy provides liability coverage for bodily injury liability, property damage liability for damage…
British Columbia Insurance Blog
An insured who relies on their broker for insurance coverage may not have an action against their broker despite the fact that they purchased the wrong insurance
Application for indemnity under Insurance Corporation of British Columiba ("ICBC") policy, for losses sustained in a logging accident, was denied. There was a material misrepresentation in the application for coverage…