Material Misrepresentations In Insurance Policy Application Lead U.S. District Court To Accept Michael F. Schmidt’s Argument That Coverage Should Be Rescinded In Case Involving Catastrophic Injuries Including Loss Of An Eye
Mohammed Huda v. Integon National Insurance Company, United States District Court for the Eastern District of Michigan, claim for no-fault benefits and uninsured motorist benefits by the plaintiff arising from a motor vehicle accident in which the insured sustained catastrophic injuries including loss of his right eye. We defended the case on the basis that the plaintiff/insured made a material misrepresentation in the application for the policy by failing to disclose all of the household members who were of driving age including his son Mohammed Huda, Jr. We argued that this served as the basis for rescission of the policy. The Detroit Medical Center intervened as a plaintiff to support the plaintiff’s claim. On cross-motions for summary judgment filed by all of the parties, the court agreed with our motion and ruled that the policy was properly rescinded from its inception based on the material misrepresentation in the application.