A material misrepresentation is the purposeful or unintentional concealment of a relevant fact. When applied to life insurance cases, a material misrepresentation is a non-disclosure of health information on a life insurance application. State laws allow insurance companies to rescind (cancel) a life insurance policy that was issued less than 2 years before the insured's death if there was a material misrepresentation on the application. Many insurance companies, however, use such laws as an excuse to deny valid claims. For example, if an applicant did not disclose a minor ailment or a regular medical check-up on the application, such non-disclosure is not automatically material and the insurance company would need to show that it would not have issued coverage had it known the non-disclosed fact. If the misrepresentation is not material, the insurer is liable under the policy. It is very rare that people applying for life insurance are in perfect health and have not had regular medical check-ups in years.
We have been successful 100% of the time handling misreprentation cases.