Bad Faith Blog
August 20, 2015
Insured’s Material Misrepresentations/Concealments Sink Maritime Insurance Coverage
Summary: Markel American Insurance Company filed a declaratory judgment action alleging the maritime insurance policy it issued to Veras should be declared void ab initio. The District Judge agreed with the Magistrate Judge’s recommendations that the doctrine of uberrima fides governs this case, that Veras’ misrepresentations and concealments violated his duty of utmost good faith, and that the District Judge should grant Markel’s motion for summary judgment. With those recommendations from the Magistrate Judge and no objection from Veras, the court declared the maritime policy void ab initio.