Credit: zimmytws/Shutterstock.com Eighth Circuit: Insurance Application's Foreclosure Question Is Ambiguous
In a dispute over alleged material misrepresentations in a homeowners insurance application, the U.S. Court of Appeals for the Eighth Circuit recently examined the meaning of the question whether an insurance applicant had "had a foreclosure." The court held that question to be ambiguous and construed it against the insurer.
January 11, 2023 at 02:49 PM
7 minute read
In a dispute over alleged material misrepresentations in a homeowners insurance application, the U.S. Court of Appeals for the Eighth Circuit examined the meaning of the question whether an insurance applicant had "had a foreclosure." In Hiscox Dedicated Corporate Member, Ltd. v. Taylor, 53 F.4th 437 (2022), the Eighth Circuit held that question to be ambiguous and construed it against the insurer. The court reversed and remanded for the Western District of Arkansas to continue sorting out the dispute.
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