See the whole video at https://youtu.be/hBKdHT0W4pE  In ordinary language, "false swearing" in an insurance only means that if the insured is under oath, the policy is invalid if the lie is in evidence of loss or at a survey under oath. In Texas and Oklahoma, false swearing is explained as follows:
If an insured knowingly and knowingly overestimates the value of property destroyed or damaged, the insurance is revoked and the insured's right to recover is defeated.
As both evidence of loss and testimony in an examination under oath, the insured swore, all material falsity is sufficient to establish the defense of false swearing. The same applies to all differences between the facts which testified during the investigation under oath or stated in the evidence of loss, and facts were developed from an examination of the insured books and registers or an insurer's investigation.
The Supreme Court of the United States stated the rule as follows:
A false answer to all the facts of the request, knowingly and knowingly done, with intent to deceive the insurer, would be fraudulent. If it achieved its result, it would be a fraud; if it failed, it would be an attempted fraud. No one can be allowed to say, in relation to his own statements on a material question, that he did not expect to be believed; their materiality, in the eyes of the law, consists in their tendency to influence the conduct of the party who has an interest in them and to whom they are addressed. Claflin v. Commonwealth Insurance Co., 110 U.S. Pat. 81, 3 S. Ct. 507, 28 L. Ed. 76 (1884).
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance claims management, insurance beliefs and insurance fraud almost equal for insurance 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 claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and email@example.com.
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 library of books and other materials to enable insurers and their indemnity staff to become liable for insurance.
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