Can our Insurance company deny a claim or cancel our homeowners insurance do to having a felony , bankruptcy, or lean.

This is a continuation to my first question, The insurance company has sent there lawyers after us now saying they are canceling our insurance all together, because this information was withheld initially when applied for the insurance, my wife and I never was asked those questions by the man who set up our homeowners insurance. Also a couple of years ago we had our roof fixed with no problem through our insurance, my wife and I are at a loss, what are our rights, we have payed for our insurance for over 4 years now, what do we do.
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Answers (3)

Steven Wayne Murray

Steven Wayne Murray

Contributor Level 4
Your insurance company engaged in "underwriting the claim" or post-claim underwriting. They found reasons to rescind your policy for false answers on the application. See a lawyer who knows about insurance law and if you don't know one, call your local bar association for a recommendation.
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Guy Scott DiMartino

Guy Scott DiMartino

Contributor Level 6
Florida law has a statute regarding material misrepresentations in an insurance application. The misrepresentation does not have to be intentional. If the insurance company would not have written the policy or would have increased the premium - it can deny the claim and rescind the policy. This usually happens with prior bankruptcy that is not placed on the application.

You maybe able to file a claim against the carrier depending on the specific facts of the case. If you have not yet retained an attorney - you may want to send me an email
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David Jay Gorewitz

David Jay Gorewitz

Contributor Level 4
I am representing a couple with the same facts as yours, i.e., the insurance was cancelled by the insurance company after a fire because the husband had a felony conviction in violation of underwriting guidelines. The insurance company certainly has the right to attempt to rescind the policy, but there are defenses to any attempt by the insurer to cancel your policy, including your accurately answering the questions asked of you by the agent who sold you the policy. If a jury believes you, you will win the case. Many lawyers in Florida will handle your case on a contingency basis because if you win, your lawyer will get paid by the insurance company. I would call around. I'm in Melbourne if you want to give me a call.
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