Jury Permitted to Determine if Misrepresentations by Insured Were Material

Originally published by Texas Personal Injury News.

In many jurisdictions, for an insurer to carry its burden of proving that coverage is void due to a material misrepresentation, the insurer must prove not only that the misrepresented fact was something that the insurer wanted to know, but that the misrepresentation affected the insurer’s investigation. In other words, that the misrepresentation was material….… Continue Reading

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