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Misrepresentations in Insurance Applications

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By

ACL

The short answer

What you say on an insurance application matters. Under Illinois law, a misstatement can void a policy if it was made with actual intent to deceive, or if it materially affected the insurer’s decision to accept the risk or the hazard it assumed. Even an innocent mistake can be enough if it was material.

Why it matters

Insurers often review the application closely after a large claim. If they rescind the policy, coverage disappears entirely, usually with a premium refund, rather than just for the claim at hand.

Where it fits in your case

Most often after a significant claim, when the insurer compares the application to what it has since learned. It also matters at every renewal, when new application answers are given.

What to expect

  • Two separate routes. The insurer can rely on either intent to deceive or materiality. It does not need both.

  • What “material” means. Generally, whether the insurer would have declined the policy or charged a different premium had it known the truth.

  • Qualified answers. Application language such as “to the best of my knowledge” can lower the standard of accuracy expected.

  • Who filled it out. Applications are often prepared by brokers. If a broker introduced the error, that can matter, including for a possible claim against the broker.

What to do now

  • Read every application before signing, including ones a broker prepared.

  • Correct any error you discover in writing, promptly.

  • If the insurer threatens rescission, ask exactly which answer it relies on and why it claims the answer was material.

  • Keep copies of every application and renewal form.

What we need from you

All applications and renewal forms, the policy, the insurer’s rescission or denial letter, and communications with your broker.

Common misconceptions

  • “An honest mistake can’t cost us coverage.” In Illinois, a material misstatement can, even if innocent.

  • “The broker filled it out, so it isn’t on us.” You signed it, but the broker’s role may still matter.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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