Insureds’ Misrepresentations in Coverage Litigation Do Not Count
Here, the authors explore whether an insurer can cite an insured’s alleged misrepresentation made during the post-denial coverage litigation as a basis to invoke the fraud clause and bring a claim under the New Jersey Insurance Fraud Prevention Act.
Insurance policies almost invariably contain a “fraud clause” allowing an insurer to void or deny an insurance claim if the insured misrepresents or conceals a material fact, either before or after a loss occurs. Such conduct also gives rise to a claim under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-4(a), and is punishable as a crime, pursuant to N.J.S.A. 2C:21-4.6(a).
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