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Insurer’s Decision to Rescind Homeowner Policy Affirmed

A homeowner affirmatively responded on the insurance application that no business activities were being conducted on the property in this case. However, the homeowner permitted his son to park trucks belonging to his tree service. A fire ensued at the property. The insurance company rescinded the policy. The insured counter-claimed seeking declaratory relief that the rescission was improper.

The case was heard before the U.S. District Court, Eastern District, Michigan. The Court granted summary judgment in favor of the Insurance Company and denied the Insured’s counter-claim. The Court found that the Insurance Company properly rescinded the policy of insurance because the homeowner made a material misrepresentation when he stated that no business activity was being conducted on his property at the time of the application. That was untrue.

Click on the link to read the court opinion in Rand v Liberty Mut. Pers. Ins. Co.

About Alexander & Angelas, P.C.

Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.

Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.

A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.

Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees, and strives to resolve matters within one year from initial case assignment.

Visit Alexander & Angelas online at https://www.alexanderandangelas.com/ for more information. Partner Peter A. Angelas is available to discuss a confidential matter.

Homeowner Insurance Claim