Vermont Mutual Insurance Co. v. Chiu

OPINION

CHARLES D. SUSANO, Jr., J.

This declaratory judgment action was filed by Vermont Mutual Insurance Company (“Vermont Mutual”) against its insured, the defendant Marta Chiu (“Chiu”). 1 It was prompted by Chiu’s filing of a claim following a fire loss at her house. A jury found that Chiu had made material misrepresentations in her application for a homeowner’s insurance policy; however, the jury found that these misrepresentations were not made with an intent to deceive. The trial court then found that there was insufficient evidence that Chiu’s misrepresentations had increased Vermont…