Insurers have a right to require that those applying for insurance will
truthfully answer all questions contained in their application, and they
rely on the statements made by an insurance applicant. But what happens
when an application for life, health, or disability insurance contains
misrepresentations or intentional concealments? This comprehensive
publication provides practitioners in the area of life, health, and
disability insurance with a national survey of each of the fifty states,
the District of Columbia, and the federal circuits regarding
misrepresentations in applications as well as the applicable case law
interpreting relevant statutes and developing the common law regarding
misrepresentations. In addition, iit addresses the evolving issues
related to misrepresentations in the context of the Employee Retirement
Income Security Act ("ERISA").
Whether you represent insurers or insureds, you will find that
Misrepresentation in the Life, Health, and Disability Insurance
Application Process, Third Edition covers the full gamut of issues
arising in the application process, including what constitutes a
misrepresentation, how a policy is appropriately rescinded, and the
defenses that may be raised to contest a decision to rescind a policy.
This book is organized by jurisdiction and addresses how state common
law and statutes address misrepresentations in the life, health, and
disability insurance application context. In addition, there is a
chapter for each federal circuit that provides an overview of
misrepresentations in the context of an employee welfare benefit plan
governed by ERISA.
This important book will be a useful tool for any practitioner, whether
representing an insured, an insurer, or in-house counsel. If you deal
with life, heath and disability insurance, this book will be an
essential and important addition to your library.
