Archive | Misrepresentation

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MLR Wins Jury Verdict in Insurance Coverage Trial

Last Friday, attorneys FJ Maloney and Nick Thede received a defense verdict in favor of their client from a Benton County, Washington, jury following a five-day trial.  In the case, captioned Vanderburg v. Alpha Prop. & Cas. Ins. Co., Cause No. 13-2-03002-8, the plaintiff alleged that the insurance company breached […]

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Insurer Able to Rescind Policy for Material Misrepresentations in the Application, Per Oregon Court

Last week, the Oregon federal district court issued an opinion in Settlemyer v Farmers New World Life Ins. Co., Case No. 14-cv-00356-AA, 2014 WL 5591013 (D.Or. Nov. 3, 2014), addressing whether an insurance company was entitled to rescind a life insurance policy based on misrepresentations in the policy application.  In […]

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Federal Court Issues Sanctions Against Insured

On February 11, 2014, the U.S. District Court for the Southern District of Texas issued an order in the case of Alexander v State Farm Lloyd’s, 2014 WL 549389 (S.D. Tex., Feb. 11, 2014), finding that the insurance company was entitled to its attorney fees as a sanction against the […]

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Oregon Judge Grants Summary Judgment on Fraud/Misrepresentation

A judge in the Federal District Court of Oregon recently granted summary judgment in favor of two insurance companies on a breach of contract claim on the basis that the policyholder “participated in the theft and misrepresented facts regarding the loss” in Gerke v Travelers Cas, Ins Co. of America, […]

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