Longobardi v. Chubb Insurance Co

In Longobardi v. Chubb Insurance Co., 121 N.J. 530, 582 A.2d 1257 (1990), the Supreme Court held that "for an insurer to void a policy because of a post-loss misrepresentation, the misrepresentation must be knowing and material." 121 N.J. 530, 540, 582 A.2d 1257 (1990). The Court held that "an insured's misstatement is material if when made a reasonable insurer would have considered the misrepresented fact relevant to its concerns and important in determining its course of action." Longobardi, 121 N.J. at 542, 582 A.2d 1257. In Longobardi, plaintiff made misrepresentations to the insurer regarding his relationship with two individuals suspected of insurance fraud. These individuals were involved in the preparation of appraisals of plaintiff's art collection with respect to his prior insurance coverage for the collection. The insurer had issued a policy to plaintiff insuring the art collection but denied payment based upon plaintiff's misrepresentation in his application and in the insurer's investigation of the subject loss. At trial, the jury found that plaintiff knowingly made a material false statement during his examination under oath or in his written statement "'in an effort to or for the purpose of hindering, deflecting or misleading defendant in the course of its investigative process.'" Id. at 543, 582 A.2d 1257.