Watch the full video at https://youtu.be/DeErhclZO44.??19199009002. By confirmation that an insurance policy was revoked due to incorrect assessment or concealment of material fact by Mr. Mitchell. The court in Mitchell defeated an argument that the statutory language in an insurance policy changed the termination law.
The Law Court summarized its holding as follows:
[A] an insurer may, in accordance with the insurance rules sections 331 and 359 [of the California Insurance Code]revoke a fire insurance policy based on an insurance's negligent or unintentional misrepresentation of an essential fact in an insufficiently intentional misrepresentation included in the mandatory standard form for fire insurance (insurance code) sections 2070 and 2071). [Emphasis added.]
Mitchell was individually named insured under an insurance policy issued by United National that provided coverage for a commercial building owned by the Mitchell Family Trust in Los Angeles (the building).
During the policy period, the building was destroyed by a fire. The arsonist, an acquaintance of Mitchell's, died in the fire. In the subsequent investigation, United National discovered several incorrect explanations in Mitchell's application for insurance, terminated the insurance and offered to refund Mitchell's premium. [ Mitchell v United National Ins. Co (2005) 127 Cal. App.4th 457, 469]
“[An insurance company] has the right to choose those whom it will insure and to rely on him who would be insured for such information as it desires as a basis for its determination to the end that wise discrimination can be exercised when choosing risks. ”(Robinson v. Occidental Life Ins. Co. (1955) 131 Cal.App.2d 581, 586.) (Emphasis added.)
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits its practice to acting as an insurance consultant specializing in insurance coverage, handling insurance claims, bad faith insurance and insurance fraud almost equally for insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and attorney-at-law attorney and more than 52 years in the insurance industry. He is available at http://www.zalma.com and firstname.lastname@example.org.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following libraries with books and other materials to enable insurance companies and their claims personnel to become insured.
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