About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [i] (Fall 2023)

handle is hein.ali/aliliabil0031 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations LIABILITY INSURANCE CHAPTER 1. BASIC LIABILITY INSURANCE CONTRACT RULES TOPIC 2. WAIVER AND ESTOPPEL § 5. Waiver W.Va.2022. Cit. in sup. After their home was destroyed by arson, insured homeowners sued, among others, insurer, alleging that defendant improperly rescinded plaintiffs' insurance policy covering plaintiffs' home on the ground that plaintiffs made material misrepresentations in the insurance application. The trial court granted insurer's motion for summary judgment. This court reversed and remanded, holding that there were genuine issues of material fact as to whether defendant based its initial decision to issue the policy to plaintiffs based on the purported misrepresentation that plaintiffs would occupy the home within 30 days of applying for the policy, because, while plaintiffs did not reside or sleep in the home immediately prior to the arson, they placed their personal property in the premises and performed repairs to the home. Citing Restatement of the Law, Liability Insurance § 5, the court explained that defendant was aware of plaintiffs' activities during the relevant time period, because plaintiffs had communicated their plans to defendant's employed agent. McDowell v. Allstate Vehicle and Property Insurance Company, 881 S.E.2d 447, 459. TOPIC 3. MISREPRESENTATION § 7. Misrepresentation W.Va.2022. Com. (c) quot. in sup. After their home was destroyed by arson, insured homeowners sued, among others, insurer, alleging that defendant improperly rescinded plaintiffs' insurance policy covering plaintiffs' home on the ground that plaintiffs made material misrepresentations in the insurance application. The trial court granted insurer's motion for summary judgment. This court reversed and remanded, holding that there were genuine issues of material fact as to whether defendant based its initial decision to issue the policy to plaintiffs based on the purported misrepresentation that plaintiffs would occupy the home within 30 days of applying for the policy, and whether such misrepresentation was material such that defendant would not have issued the policy but for plaintiffs' representation. The court cited Restatement of the Law, Liability Insurance § 7, Comment c, in noting that defendant had to prove by a preponderance of the evidence that plaintiffs' representation was untrue and material. McDowell v. Allstate Vehicle and Property Insurance Company, 881 S.E.2d 447, 456. COPYRIGHT (2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most