Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: 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 for disability insurance were not shown to have increased the risk of loss at the time of the loss — 8th Circuit, Wisconsin law

Posted in Contractual Liability, Disability Benefits, New Case
In Northwestern Mutual Life v. Weiher, Weiher got disability insurance from Northwestern, and promised he would cancel his disability insurance with Great-West. Weiher did not cancel his Great-West policy, and later, when he became disabled, Northwestern wanted to rescind its policy. Northwestern said it would not have issued the policy if it had known Weiher… 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

Underage drinking not grounds for cancellation of auto policy, Pennsylvania law

Posted in Contractual Liability, New Case
In State Farm Mutual Automobile Ins. Co. v. Commonwealth of Pennsylvania, Dougherty applied for auto insurance with State Farm.  The application asked if anyone in her household had a license to drive or registration suspended, revoked, or refused within the last 6 years.  She answered no, but her license had been suspended for 90 days… Continue Reading