An insurer can assert false swearing as an affirmative defense to an action brought by an insured. To prove the defense, the insurer must prove that the false statement was made under oath with knowledge that it was false and the insured or witness intended that the person to whom the statement was made would rely on it. The insurer is not required to prove actual reliance only the intent that the insurer rely on the statement. To establish a defense to a claim or a suit on a policy, the insurer must prove that the statement was false and material to the claim.
The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.