American Special Risk Management Corp. v. Cahow

The opinion of the court was delivered by

Luckert, J.:

This appeal examines the standard to be applied when an insurance company denies coverage because the insured failed to disclose a potential claim on an application for insurance. Specifically, we must determine: When an application for insur anee asks for the identification of “any facts, circumstances, or situations . . . which could reasonably be expected to give rise to a claim” and the policy excludes any claim arising from an undisclosed risk, must the insurance company invoking the exclusion and denying coverage establish that the…