Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

Hand holding a home

Tred Eyerly practices law in Honolulu, Hawaii, and focuses on insurance coverage issues.

January 21, 2019
Tred R. Eyerly - Insurance Law Hawaii

The Eighth Circuit affirmed the district court's judgment that the insurer acted in bad faith when it denied the insured's claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas. Ins. Co., 2018 U.S. App. LEXIS 31813 (8th Cir. Nov. 9, 2018).

Hayes' home was insured by Met under a homeowner's policy. Hayes used the detached garage as part of a home base for his plumbing business. He also rented out the second and third levels of the residence to a tenant and her two children. When Hayes applied for the policy in 2007, Met argues he indicated on the application that the premises were not used to conduct business, and were not used as rental property.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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