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Innocent Misrepresentation Folk took out an insurance policy with Countryside Casualty. When asked if he had any physical impairments, Folk, who suffered from epilepsy, said
Innocent Misrepresentation Folk took out an insurance policy with Countryside Casualty. When asked if he had any physical impairments, Folk, who suffered from epilepsy, said no. When Folk was killed in an automobile accident, his estate attempted to collect the insurance. Countryside, which had discovered Folks epilepsy, refused to pay, claiming he had misrepresented his physical health. Evidence indicated that Folk genuinely did not consider his epilepsy, which was controlled by drugs, to be a physical impairment. In a majority of states, Folks belief would make no difference. The policy would still be voidable by Countryside. In a minority of states, Folks innocent misrepresentation would not allow Countryside to deny recovery under the policy.
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