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- Title
WORDING OF POLICY APPLICATION LANGUAGE REGARDING PRE-EXISTING CONDITIONS KEY IN DETERMINING WHETHER APPLICANT'S INCOMPLETE DISCLOSURE SUFFICIENT TO WARRANT DENIAL OF MEDICAL BENEFITS. FLORIDA SUPREME COURT RESOLVES CONFLICTS OF INTERMEDIATE COURTS IN PLACING GREATER EMPHASIS ON APPLICANT STATE OF MIND AND POLICY WORDING RATHER THAN OBJECTIVE MATERIALITY OR QUALITY OF INFORMATION CONVEYED IN APPLICATION
- Abstract
The article focuses on the Florida Supreme Court ruling which resolves conflicts of intermediate courts in placing greater emphasis on an applicant's state of mind and policy wording rather than objective materiality or quality of information conveyed in an insurance application. In March 1991, Harold Green applied for a home health care benefits policy from Life & Health of America. The insurer issued a policy without reviewing Green's medical records. A year later, Green filed a claim. The insurer reviewed his medical records and discovered that he suffered from chronic renal failure, resulting in the rescinding of the policy and the return of all previously paid premiums.
- Subjects
FLORIDA; INSURANCE policies; INSURANCE claims; LEGAL judgments; LIFE &; Health of America (Company); GREEN, Harold; APPELLATE courts; ACTIONS &; defenses (Law); INSURANCE applications
- Publication
Journal of Risk & Insurance, 1998, Vol 65, Issue 2, p343
- ISSN
0022-4367
- Publication type
Article