Misrepresentation in the Life, Health, and Disability Insurance Application Process, Third Edition

Insurers have a right to require that those applying for insurance will truthfully answer all questions contained in their application, and they rely on the statements made by an insurance applicant. But what happens when an application for life, health, or disability insurance contains misrepresentations or intentional concealments? This comprehensive publication provides practitioners in the area of life, health, and disability insurance with a national survey of each of the fifty states, the District of Columbia, and the federal circuits regarding misrepresentations in applications as well as the applicable case law interpreting relevant statutes and developing the common law regarding misrepresentations. In addition, iit addresses the evolving issues related to misrepresentations in the context of the Employee Retirement Income Security Act ("ERISA").

Whether you represent insurers or insureds, you will find that Misrepresentation in the Life, Health, and Disability Insurance Application Process, Third Edition covers the full gamut of issues arising in the application process, including what constitutes a misrepresentation, how a policy is appropriately rescinded, and the defenses that may be raised to contest a decision to rescind a policy. This book is organized by jurisdiction and addresses how state common law and statutes address misrepresentations in the life, health, and disability insurance application context. In addition, there is a chapter for each federal circuit that provides an overview of misrepresentations in the context of an employee welfare benefit plan governed by ERISA.

This important book will be a useful tool for any practitioner, whether representing an insured, an insurer, or in-house counsel. If you deal with life, heath and disability insurance, this book will be an essential and important addition to your library.

Joseph M. Hamilton is a Partner at the Massachusetts firm of Mirick O'Connell. He is a former member of the Firm's Management Committee and Co-Chair of the Firm's Life, Health, Disability and ERISA practice group. Mr. Hamilton received his B.S. and J.D. from Boston College. He serves as counsel for numerous life, health and disability insurers and self-insureds at all levels of state and federal courts throughout Massachusetts. Mr. Hamilton's representation includes the full spectrum of issues arising from both individual and group coverage, under both state and federal law, including ERISA. Mr. Hamilton is a member of the Employee Benefits, Life, and Health and Disability Insurance Law Committees of the American Bar Association; the Life, Health and Disability Committee of the Defense Research Institute; The Association of Life Insurance Counsel; the Massachusetts Defense Lawyers Association; and the New England Claims Association. Mr. Hamilton is a past Chair of the ABA's Life Insurance Law Committee and is currently a Vice-Chair of the Health and Disability Law Committee. Mr. Hamilton frequently writes and speaks on life, health, disability and ERISA issues.April 2009

Joseph R. Jeffery is a Member of Chittenden, Murday & Novotny LLC. Joe is an experienced litigator who represents clients in trial and appellate courts across the country in all manner of life, health, and disability insurance disputes. He presents frequently on issues related to life, health, and disability insurance and is the author and co-author of several articles concerning the same, including Recent Developments in Health Insurance, Life Insurance and Disability Insurance Law, an article published annually in the American Bar Association’s Tort Trial & Insurance Practice Law Journal. Joe is also the past Chair of the Life Insurance Law Committee of the American Bar Association’s Tort Trial & Insurance Practice Section.