(June 2016)
A. CONCEALMENT,
MISREPRESENTATION, OR FRAUD
Coverage is void if the
named insured fraudulently or intentionally conceals or misrepresents any kind
of material fact with respect to any of the following:
- The coverage part
- Covered property
- The named insured's interest in the insured
property
- A claim under the coverage form
This section of the form
deserves careful attention. Each state has its own philosophy with respect to
the actions it considers concealment, misrepresentation, or fraud. Similarly,
each state has laws or precedents that establish when an insurance company may
or may not void, cancel, or suspend a coverage form or policy. As a result, a
coverage review is not complete without analyzing the state specific
endorsements attached to the policy.
HO 00 03
–ISO HOMEOWNERS 3 - SPECIAL FORM COVERAGE ANALYSIS
(July,
2014)
CONDITIONS—SECTION I
R. Concealment or Fraud
This
provision voids coverage to all persons otherwise eligible for protection if
the insurer discovers any incidents of significant information being kept from
it (either due to concealment or misrepresentation). Loss of coverage also
results if any otherwise, covered persons are guilty of fraudulent behavior or
lying (false statement) regarding any aspect of the applicable insurance
coverage.
The
provision attempts to be comprehensive, barring coverage to all parties,
including innocent insureds. However, the provision wording may likely caused
confusion over how it applies and appears to be vulnerable to court scrutiny in
the event of claims.
This
provision voids coverage to all persons otherwise eligible for protection if
the insurer discovers any incidents of significant information being kept from
it (either due to concealment or misrepresentation). Loss of coverage also
results if any otherwise, covered persons are guilty of fraudulent behavior or
lying (false statement) regarding any aspect of the applicable insurance
coverage.
The
provision attempts to be comprehensive, barring coverage to all parties,
including innocent insureds. However, the provision wording may likely caused
confusion over how it applies and appears to be vulnerable to court scrutiny in
the event of claims.