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If an applicant listed multiple publications and at least 1 misrepresentation was found, this was regarded as 1 misrepresentation, as the study is based on the number of applicants with misrepresentations.
This decision provides strong support for SLUSA pre-emption in cases alleging state law class action claims relating to corporate transactions requiring a shareholder vote, even when the alleged claims do not purport to be based on fraud, misrepresentations or omissions.
the doctrinal confusion surrounding misrepresentations by insurance
The Wisconsin Supreme Court held that misrepresentations are inherently volitional, and therefore misrepresentations are not accidents, not occurrences and therefore not covered: "Neither case law nor common sense supports an Interpretation of 'accidental occurrence' that would have included misrepresentations volitionally made with the particular intent to induce.
Global Banking News-24 July 2008-Investors file misrepresentation suit against CIBC(C)2008 ENPublishing - http://www.
Up to 70 percent of mortgage early-payment defaults (EPDs) can be traced back to a significant misrepresentation on the original loan application, according to a study conducted by Carlsbad, California-based BasePoint Analytics.
The Court began its analysis by noting the resemblance between the 10b-5 cause of action and common-law actions for deceit and misrepresentation, stressing the requirement that a plaintiff suffer "actual damages.
After some discovery, the court granted Genesis's motion for summary judgment as to rescission of the 2001/2002 policy based upon the material misrepresentations in Cutter & Buck's annual report, the CPA letter and its SEC filings.
Under contract law, if agents acting on a seller's behalf make the contract without disclosing the name or existence of the real sellers, they will have personal liability under the contract if the car is stolen, does not meet its description or for any misrepresentation they make.
Thus, it is important to note that not all varieties of misrepresentations are necessarily sufficient to vitiate coverage.
He asked the court to order Nike to 'disgorge all monies" that it had acquired as a result of the alleged misrepresentations, and to carry out a court-supervised public relations campaign to correct the alleged misrepresentations.