Guerrier v. Commerce Insurance

A dispute between an insurer and its insured presents a fundamental question whether inaccurate information recorded on a written application for an automobile insurance policy constituted a material misrepresentation, and if so, whether the same was attributable to the insured, or on the other , hand, to an agent of the insurer.

In August of 1999, Marie L. Guerrier made claim on her automobile insurance policy after her Toyota sedan was stolen. Commerce Insurance Company (Commerce), the insurer of her vehicle, had issued the policy on the basis of a written application form and other related…