More on Soft Fraud
The materiality of a misrepresentation or concealment of a material fact is usually a mixed question of law and fact that under most circumstances should be determined by the trier of fact. However, materiality “can be decided as a matter of law if reasonable minds could not differ on the question.”19 Most courts have construed materiality broadly, emphasizing in their holdings that the subject of the misrepresentation need not ultimately prove to be significant to the final result of the claim. All that is needed is that it should be reasonably relevant to the insurer’s investigation at the time.
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