PLIllinoishard
Under the Illinois Standard Fire Policy concealment-or-fraud condition incorporated in HO forms, what is required for an insurer to void coverage based on a misrepresentation by the insured?
AAny misstatement, even unintentional, voids coverage
BThe insurer must prove criminal fraud beyond reasonable doubt
The misrepresentation must be intentional and material to the risk or claim
DOnly post-loss statements can void coverage; pre-loss statements cannot
Why this is the answer
The Illinois Standard Fire Policy concealment-or-fraud condition at 215 ILCS 5/397 voids the policy only if the insured willfully concealed or misrepresented a material fact, whether before or after the loss. The insurer must prove both elements - intent (willfulness) and materiality - by clear and convincing evidence. Innocent or immaterial misstatements do not trigger the condition; the burden is on the insurer at trial.
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