We write in response to the article entitled “Insured’s Misrepresentations in Coverage Litigation Do Not Count,” published in the Law Journal on March 4. As counsel on behalf of insurance companies, we beg to differ. In fact, we have seen numerous fraudulent claims defeated, in part, because of misrepresentations made by insureds during coverage litigation.

The authors of the article seek to discredit the case of Thomas v. New Jersey Insurance Underwriting Association, 277 N.J. Super. 630 (Law Div. 1994). While this was only a Law Division case, it was approved for publication and remains persuasive, albeit non-binding decisional law. We would therefore caution counsel not to rely too heavily on the article when advising clients. Between an article written by attorneys representing policyholders and a published opinion, we suspect the published opinion carries more weight.

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