Claimants are denied, delayed, confused, and denied by insurance companies all the time. They have an array of explanations for clients with the desire to overcome the claim. One such tactic is characterized as “material deception” to deny insurance claims. The significant misrepresentation defense has been utilized by insurance companies to reject claims for a long time. If the carrier discovers even a tiny inaccuracy on the application, it may try to cancel all coverage and refuse any claims based on that “misrepresentation.”
The insurance company might deny individual’s claim in different ways. One of the best and most commonly employed is to defend themselves against a legal defense known as “misrepresentation.” The defense of misrepresentation comes out of Florida Statutes, which enables insurance carriers to cancel their insurance cover if they have the opportunity to establish a fault in a risk-covered insurance application. The point here is that “material” is the deception. If the insurance provider can establish that a different premium would be paid if the real facts were disclosed in the application, a substantial deception exists.
Unfortunately, when the defense of significant misrepresentation is offered, the courts do not take intent into account. The majority of the time, this defense is used to protect the innocent customers who make a mistake on their application. Typically, the applicant completed their insurance application with little to no assistance from the insurance company. The questions they answered were either difficult or subject to interpretation, and they did not answer them in the manner that the insurance company desired. Nonetheless, they were compelled by law to respond to the insurance company’s assessment of their rate unaffected. This dilemma is exacerbated by the fact that the insurance company is under no need to investigate the applicant’s response. Still, they do have the right to check the responses at any time. Unfortunately, this means that they usually do not investigate until it is advantageous to them to do so. The bottom line is that ignorance is bliss for insurance companies. The law allows them to accept individual’s coverage with little to no examination into one’s qualifications, then terminate it at any time if those answers do not conform to what they want. As a result, when it comes time to file a claim under their insurance coverage, most insured are severely disadvantaged.
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