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Insurers Need Proper Evidence in Order to Prove Material Misrepresentation

Insurers Need Proper Evidence in Prove Material Misrepresentation
A recent case came out, Jarvis McKiver v. Windhaven Insurance Company, 26 Fla. L. Weekly Supp. 320a (13th Judicial Circuit in and for Hillsborough County, June 7, 2018), in which the Court granted summary judgment in favor of the insured on the issue of material misrepresentation.
In finding for the insured, the Court held that the insurer’s opposing affidavit, on which the insurer relied as evidence that the premium rate would have changed if the insurer’s co-resident grandmother had been listed on the application for insurance, is inadmissible hearsay and not based on personal knowledge of the affiant.

As a result of the Court’s finding that the affidavit was based on inadmissible hearsay and not based upon the affiant’s personal knowledge, the Court struck the affidavit.
This case illustrates an important point.  Very often, medical providers will write-off PIP cases as being lost causes, particularly in situations such as material misrepresentation cases.  The medical provider gets notice from the insurer that the policy of insurance is rescinded due to material misrepresentation, and that there is no policy to provide coverage.
As with many other cases, the insurance company made a huge mistake in this material misrepresentation case: they did not have the proper evidence.  In many cases, the insurance company has incorrect information on which they base their rescission.  In other cases, the insurance company has an ambiguous policy and/or insurance application, which could be read any number of ways.  Still, in other cases, the correct information could have been relayed to the insurance agent, but the insurance agent put down incorrect information.
It is important for medical providers to send all PIP cases to a qualified PIP attorney.  While there is no guarantee of success in every case, a qualified PIP attorney will help a medical provider to maximize the recovery of PIP benefits.  If you need help with a PIP case, please do not hesitate to contact The Law Offices of Lyle B. Masnikoff and Associates, P.A. at 561-598-7120

Throughout Mr. Masnikoff’s twenty-year career, he has represented numerous injured workers who have had to leave their employment for one reason or another and have had their indemnity benefits cut off.  If you or a loved believe that your missed wage benefits have been unjustly terminated, or are receiving benefits and thinking about leaving your employment but have questions regarding your ongoing benefits, we would love to discuss your case and explain all of your options to make sure that you receive everything that you are entitled to.  Please give us a call at (877) 817-4127 or visit our website.

Lyle B. Masnikoff, Esq.
Law Offices of Lyle B. Masnikoff & Associates,
P.A.1645 Palm Beach Lakes Blvd #550
West Palm Beach, FL 33401


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