Enserch Corp. v. Shand Morahan & Co., Inc

In Enserch Corp. v. Shand Morahan & Co., Inc., 952 F.2d 1485 (5th Cir.1992), the application for insurance asked the applicant "to state if it knew of any circumstances that might give rise to claims" against it. Id. at 1490. Again, the insurance company urged that the court apply an objective standard, namely whether the applicant knew or should have known of the pertinent circumstances. The court declined on the ground that the question was subjective. Id. at 1496.