Insurer filed declaratory judgment action to determine whether it owed coverage to insured for claim arising from accident when insureds vehicle came into contact with a utility pole.Court properly entered judgment in favor of Defendant insured, based on stipulated facts. Insured claimed that policy was void ab initio, because it learned that insured failed to disclose, in his initial application for coverage, that a vehicle registered to his parents was kept at his residence. Court properly found that this was not a material misrepresentation and thus policy was not void. Increase in premium, without any evidence of increased risk to insured, is insufficient to justify rescission of policy under Section 5154 of Insurance Code. (LAMPKIN and ROCHFORD, concurring.)
Illinois Appellate Court
Civil Court
Declaratory Actions