Transcription of MISREPRESENTATIONS IN APPLICATIONS FOR …
{{id}} {{{paragraph}}}
Example: stock market
MISREPRESENTATIONS IN APPLICATIONS FOR …
MISREPRESENTATIONS IN APPLICATIONS FOR insurance Prepared by: Michael Schmidt Nathan Peplinski HARVEY KRUSE, 1050 Wilshire Dr., Ste. 320 Troy, MI 48084 (248) 649-7800 Fax (248) 649-2316 April, 2010 TABLE OF CONTENTS I. II. GENERAL A. RATIONALE FOR THE RULE ..2 B. THE REPRESENTATION MUST BE 1. Cases in which the courts found that the MISREPRESENTATIONS were C. IF THERE HAS BEEN A MATERIAL MISREPRESENTATION, THE INSURER MAY VOID OR REFORM THE POLICY..10 D. THE MISREPRESENTATION NEED NOT BE E. THE INSURER MUST RELY ON THE MISREPRESENTATION..13 F. THE INSURER'S REQUEST FOR INFORMATION MUST BE CLEAR AND G. THE INSURER MAY BE BARRED OR ESTOPPED FROM VOIDING THE POLICY WHEN THERE HAS BEEN AN INJURY TO AN INNOCENT THIRD H. THE INSURER MUST RESCIND AND MAY NOT PROCEED AS A I. RETENTION OF insurance PREMIUMS WHERE POLICY IS RESCINDED FOR J. MISREPRESENTATIONS BY THE INSURED MAY NOT AFFECT THE INSURER'S LIABILITY TO THE K.
-2- In Wiedmayer v Midland Mutual Insurance, 414 Mich 369, 375-76 (1982), the Michigan Supreme Court followed Woiciechowski and further clarified the rule: Moreover, in General American Life Ins Co v Woiciechowski, 314
Loading..
Tags:
Information
Domain:
Source:
Link to this page:
Please notify us if you found a problem with this document: