Sentences with phrase «whether a material misrepresentation»

Not exact matches

Again, the insurance company has two years from the time the policy is issued to determine whether there was a material misrepresentation on the life insurance application.

The same considerations apply in business offerings and there have been numerous litigations over whether a misrepresentation was «material».

Whereas, in the latter case, it is entitled to avoid the policy if it can establish that the consumer either knew or did not care that the misrepresentation was: (i) untrue or misleading; and (ii) that it concerned a matter that was relevant to the insurer (ie that it was a material misrepresentation), regardless of whether it might have been prepared to offer cover on different terms, see s 5 (2) and Sch 1 Pt 1 (2) of the Act.

Unfair methods of competition and unfair or deceptive acts or practices, including but not limited to the use or employment of any deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact, with intent that others rely upon the concealment, suppression or omission of such material fact,... in the conduct of any trade or commerce are hereby declared unlawful whether any person has in fact been misled, deceived or damaged thereby.

Again, the insurance company has two years from the time the policy is issued to determine whether there was a material misrepresentation on the life insurance application.

If they did, and if they find a material misrepresentation (such as answering no to a question about whether they've ever taken any types of non prescription drugs when in fact they have), then the insurance carrier can deny the claim.

Bethka v. Jensen (250 A.D. 2d 887)- fraudulent misrepresentation; questions of fact exist whether seller made material misrepresentation which induced buyer to purchase the property and whether a reasonable inquiry by buyers would have revealed the undisclosed condition (sewer system special assessment).

The Act prohibits «deception, fraud, misrepresentation, or the knowing concealment, suppression, or omission of any material fact with intent that others rely upon [it], in connection with the sale or advertisement of... real estate,... whether or not any person has in fact been misled, deceived or damaged thereby...» The court noted that when the alleged wrong is an omission or failure to disclose, the plaintiff must show knowledge on the part of the defendant, as intent is an element of that type of fraud.