Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: application

Misrepresentations in insurance application let insurer off the hook for fatal building collapse — Pennsylvania

Posted in Contractual Liability
In Berkely Assurance Company vs Campbell, Campbell was hired to demolish a building in Philadelphia.  During the demolition, an unbraced wall fell onto an adjacent Salvation Army store killing and injuring employees and customers. Berkely issued a policy to Campbell, but claimed it was void because of misrepresentations in the application and because Campbell failed… Continue Reading

Misrepresentation on application voids policy, 8th Circuit, Arkansas

Posted in Contractual Liability
In Nationwide Property and Casualty v. Faircloth, Faircloth applied for auto insurance on line.  When asked for the “primary use” of the vehicle, Faircloth chose Work/School (commute to/from, errands).  After Faircloth had an accident, Nationwide learned that Faircloth used the vehicle for deliveries, putting 1200 miles a week on it.  Nationwide said Faircloth should have… Continue Reading

Misrepresentations in application voids insurance policy, Arkansas law

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Farr v. American National Property and Casualty,  2015 Ark. App. 534, Farr and Holmes insured a boat and trailer with American National (ANPAC).  They later claimed the boat and trailer were stolen.  ANPAC denied coverage for the loss and rescinded the policy after discovering that Warren and Debbie were not the owners of the… Continue Reading

Failure to advise of cancer diagnosis after application and before policy was issued voids policy — ERISA / 8th Cir Missouri

Posted in Contractual Liability, New Case
In Yafei Huang v. Life Ins. Co. of North America, 8th Cir. Missouri, Liu, the insured, sought life insurance and supplemental life insurance through his employer’s ERISA plan.  The supplemental life insurance application required the applicant to report any health changes before the insurance became effective to the insurer.  In December, 2009, a month after… Continue Reading