Guideone Mut. Ins. Co. v. Rock,
1:06-CV-218, 2009 U.S. Dist. LEXIS 54717
(N.D. Miss. June 29, 2009)

On August 27, 2005, the Rocks’ home and two vehicles were destroyed by a fire. The Rocks had a homeowner’s and auto insurance policy with Guideone Mutual Insurance Company. Following the Rocks’ loss, the Rocks filed claims with their insurer for damage to their home, damage to the contents of their home, and vehicle damage.

On July 31, 2006 Guideone denied the Rocks’ insurance claims. Guideone denied the claims based on alleged material misrepresentations regarding Mr. Rock’s criminal history on the homeowner’s insurance policy application, and the Rocks’ failure to comply with their contractual duties throughout the claim investigations, such as concealment regarding their claims, intentional acts, and failure to produce their children for examinations under oath.

Continue Reading Mississippi Federal Court: An Insured Cannot Misrepresent if the Insured is Not Asked

Surplus lines insurance companies are a different breed of insurance cat. They are not admitted carriers in the state in which they do business. Thus, most states have consumer protection laws specifically regarding how surplus lines insurance carriers can do business.

Surplus lines carriers are very important to the insurance marketplace. They will often insure the risks many admitted carriers find too risky or novel. For example, when a property owner buys surplus flood insurance or a complex Difference in Conditions policy, it is often sold through the surplus lines market.

Continue Reading Surplus Lines Insurers, Sinkholes, and the Law of Mars