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To Disclose or Not to Disclose? Plaintiff’s Claims are Barred Due to Material Misrepresentations to Insurance Company in the Procurement of Policy
Newsletter Motor Vehicle Litigation / August 18, 2022
Pursuant to Farm Bureau, the insured must not forget that an insurance policy is a contract between the insured and the insurer. The insured is bound by the terms of the policy. The insured must first disclose all relevant information in the procurement of the policy. It is then the insured’s responsibility to provide the insurer with any updates pertaining to the policy. The insurer will always require a signature indicating that the information being offered to the company is correct and true. The courts will first look at the clear, unambiguous language in the terms of the policy which almost always include an anti-fraud provision to deter an insured from disclosing false information.
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