5th Circuit: No Coverage For UM Claim Based On Material Misrepresentation

Mealey's (January 11, 2023, 2:23 PM EST) -- NEW ORLEANS — Although under Mississippi law, a claim for uninsured motorist (UM) coverage cannot be denied simply because the driver was not listed on the policy, the insurer may still void the policy — or deny coverage — because the insured made a material representation in the application by failing to name all those of driving age who lived in the household, the Fifth Circuit U.S. Court of Appeals ruled in affirming a federal district court’s grant of summary judgment to an auto insurer....