Topic
Misrepresentation
289 published works
British Columbia Insurance Blog
An applicant must list all medical information requested by an insurer on an application form. If not, insurance may not be valid, even if complete medical records were provided to the insurer during the application.
The defendant insurer denied the plaintiff’s application for long-term disability benefits on the grounds that the plaintiff had misrepresented his medical condition on the initial application questionnaire. The court accepted…
InsureReinsure
California Court of Appeals Affirms Decision for State Farm in Misrepresentation Suit
The California Court of Appeals recently affirmed a decision granting State Farm's special motion to strike a claim in a case involving alleged misrepresentations during a personal injury case. Click…
Insurance Law Hawaii
Eighth Circuit Determines Alleged Misrepresentation Not Material
The Eighth Circuit recently considered whether State Farm was authorized to deny coverage for fire loss based on the insured's alleged misrepresentation. See Warren v. State Farm Fire…
Connecticut Employment Law Blog
Followup on Amara v. CIGNA – Court Proposes Broad Relief, then Stays Judgment Noting Uncertainty in the ERSIA Law
A few months ago, I reported on the District Court's decision in Amara v. CIGNA, an important class-action case on ERISA retirement benefits and on alleged misrepresentations made by the Company…
Legal Profession Blog
Anger And Zeal Leads To Suspension
An attorney, during the course of representing a client charged with assault, intentionally misrepresented his identity to a person who he believed to be the alleged assault victim. The attorney…
Legal Profession Blog
Suspension For Misconduct In Adoption Case
In a lengthy opinion, the Florida Supreme Court today rejected a referee's public censure with probation and suspended the lawyer for three years. The misconduct involved a series of false…
Legal Profession Blog
Eventually Cooperative
The Wisconsin Supreme Court accepted a stipulated disposition and imposed an agreed-upon two-year suspension in a matter involving "lack of diligence, misrepresentation and other violations." The attorney had a record…
Legal Profession Blog
Sanction By Default
The Supreme Court of Wisconsin imposed a two-year suspension in a matter in which the accused attorney had defaulted on charges of 17 ethical violations. The misconduct arose from a…
British Columbia Insurance Blog
A person applying for life insurance has an obligation to disclose symptoms associated with heart disease, but may not have to disclose symptoms that are not related to heart disease.
A person applied for life insurance. He advised the insurer that he had never been told that he had problems with his heart or blood vesssels or shortness of breath. …
Constructlaw®
Federal Claims Court Finds Contractor Entitled to Equitable Adjustment Based on Corps’ Defective Specifications and Misrepresentation
By Constructlaw
Metric Construction Co., Inc. v. United States 2008 U.S. Claims LEXIS 5 (Fed. Cl., Jan. 7, 2008) Metric Construction was awarded the contract to construct a warehouse for the United…