Misrepresentation in Application

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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 application.
Continue Reading Lawsuit Filed After Insurance Company Claims “Material Misrepresentation” on Insurance Application

My client bought liability insurance for his business.  When he presented a claim, his insurance company denied the claim and has voided the policy for what it says were “material misrepresentations” on the application for insurance.

Specifically, the insurer says that my client misrepresented that he renovated hotel rooms and that he subbed out much…

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 to other vehicles, and collision coverage for damage to his vehicles. My client’s friend, while driving one of his vehicles (with his consent), is alleged…

In Mercury Insurance Company of Florida v. Markham, ____ So.3d ____ (Fla. 3rd DCA April 20, 2010), the application for insurance asked if the subject vehicle had been "rebuilt, salvaged, modified, altered, or specially built/customized?"  Markham – the applicant – stated "no" to this question.   

Prior to the application Markham had put large tires and a…

Pursuant to Florida Statute Section 627.409, an insurer can retroactively rescind a policy if it later finds a material misrepresentation in the application for insurance.  A misrepresentation is "material" if the misrepresentation was material to the acceptance of the risk by the insurer, or, if the insurer in good faith would not have issued the policy…