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Beware: Misrepresentation In A Liability Insurance Application Can Void Your Policy

Saturday, August 04, 2007 12:33 pm

Beware: Misrepresentation In A Liability Insurance Application Can Void Your Policy

A federal district court granted an insurer summary judgment, declaring an insurance policy void and rescinding the insurance contract, where it found that the insured made material misrepresentations in his application for insurance.

In 2006, Jan Majercek d/b/a J & J Construction (Majercek) performed work on the roof of the Pilgrim Baptist Church as a subcontractor for Conrad Roofing and Construction Company (Conrad). During the work, a fire broke out and caused significant property damage to the church and an adjoining structure. Conrad filed a claim with Majercek's insurer, Western World Insurance Company (Western), which promptly filed suit. Western moved for summary judgment, seeking a declaration that its contract with Majercek was void due to misrepresentations made in the application.

In 2004, Majercek applied for liability insurance through his representative, Pawel Gainski (Gainski), an employee of the Handzel & Associates insurance agency. In the applicatio [...]

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