The purpose of insurance, of course, is to provide protection from damage caused by a possible risk. In exchange for the payment of a premium, the insurance company agrees to provide certain protections that are explained and defined in the policy that is purchased.
Sometimes the government requires us to purchase certain insurance—like state required minimal automobile liability coverage. Other times, individuals chose to purchase insurance for peace of mind. Regardless of the reason for being insured, nobody wants their insurance company to deny coverage after a loss. It is, therefore, important that you are honest and forthcoming during the insurance application process.
Under Louisiana law, an insurer may only deny an insured coverage based on misrepresentation, upon proving, by a preponderance of the evidence, that (1) the insured made a false statement on its application for insurance; (2) the false statement was material; and (3) it was made with the intent to deceive.
While insurers can deny coverage based on misrepresentations during the application process, they are prohibited fromdubiously denying coverage based on a simple mistake or an ambiguously worded question or answer. If your insurance company has denied coverage to you, you may have a remedy.
