Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: material misrepresentation

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 personal property valuation voids entire policy 8th Circuit, Missouri

Posted in Contractual Liability
In Neidenbach v. Amica Mutual Insurance Company, the personal property coverage in plaintiff’s  Neidenbach’s homeowner’s policy was void under the policy’s “Concealment of Fraud” provision because the plaintiffs intentionally misrepresented the value of their personal property in their proof of loss; the misrepresentation voided the entire policy, including the portions covering loss of their dwelling.… 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  ANPAC denied coverage for the loss and rescinded the policy after discovering that Warren and Debbie were not the owners of the… Continue Reading

No bad faith where there was evidence the insured caused the fire and lied to the insurance company, 8th Circuit, Arkansas law

Posted in Contractual Liability, Insurance Bad Faith, Mortgage, New Case
In Jackson v. Allstate, the Eighth Circuit affirmed a trial court judgment in favor of Allstate on a breach of contract / bad faith claim.  Jackson’s house was damaged in an arson fire.  Allstate denied the claim based on the intentional acts exclusion and the material misrepresentation exclusion. Allstate’s motion for partial summary judgment was… Continue Reading