No misrepresentation in any proof of loss under any insurance policy shall defeat or void the policy unless such misrepresentation is made with actual intent to deceive as to a matter material to the insured’s rights under the policy.
Ala. Code § 27-14-28
Effect of Misrepresentations in Proof of Loss.
Applied in 3 court decisions — leading case 705 F. Supp. 2d 1343 - Hillery v. Allstate Indemnity Co. (2010)
Most recently applied in Cobblestone Condo. Ass'n, Inc. v. Travelers Cas. Ins. Co. of Am. (March 2019)
(Code 1940, T. 28, §6; Acts 1971, No. 407, p. 707, §341.)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.