Policy Exclusions • Material Misrepresentation • Failure to Cooperate with Insurer
Penn Nat’l Security Ins. Co. v. Kapinus, PICS Case No. 17-1169 (C.P. Lackawanna July 12, 2017) Nealon, J. (21 pages).
Based on the unambiguous language of an insurance policy, a material misrepresentation by an insured to the insurer could void the policy even though the statement was allegedly made in connection with a claim, rather than at the time of the initial application. The insured was only required to cooperate in providing documentation in connection with a claim, and not with the insurer’s attempt to deny coverage based on a policy exclusion.
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