Insurance 101 – Chapter 15 – Volume 8 – More on Soft Fraud

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.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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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.

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