From the Barrister Blog comes the question: If you make a fraudulent against an insurer, can the insurer deny every part of the claim, even the objectively non-fraudulent parts? In the case discussed at the Barrister Blog there was some dishonesty about a claim involving an auto accident. The personal injury damages appeared to be built up, but the actual physical damages to the car were not.
David Rossmiller looks at a recent Katrina case in Louisiana. The plaintiffs dropped their case right before the case went to the jury—expecting, I suppose a resounding “No”. It appears that the plaintiffs had asked for expense reimbursement for renting (which is reasonable), but they actually owned the home that they were “renting”. It looks like the answer in Louisiana is that if you misrepresent you lose. In this case there was contractual language that permitted their insurer to pay no part of the claim if there was any fraud, so the plaintiffs looked like they quit while they were ahead.
via David Giacalone.