Material misrepresentation in insurance
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 35 U.S. 507 - The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas Poindexter · 1836Most cited · 143 citing opinions
Whenever the nature of this interest would have, or might have a real influence upon the underwriter, either not to underwrite at all, or not to underwrite except at a higher premium, it must be deemed material to the risk; and if so, the misrepresentation or concealment of it will avoid the policy. One of the tests, and certainly a decisive test, whether a misrepresentation or concealment is material to the risk, is to ascertain whether, if the true state of the property or title had been known, it would have enhanced the premium. If it would, then the misrepresentation or concealment is fatal to the policy.