An automobile insurance policyholder misrepresented his residence to his insurance company during the procurement of his policy so his insurance would cost less. GMR discovered the misrepresentation during his Examination Under Oath following a motor vehicle accident. Multiple suits were filed against the insurance company seeking reimbursement for medical services and/or equipment. Matt Lavoie filed a Declaratory Judgment action seeking a declaration from the court that the insurer was not obligated to honor any claims stemming from the accident due to the fraud in the procurement of the policy.
Matt filed for summary judgment arguing that the insurance company would not have issued the policy had it been aware of the fraud in the procurement of it. After oral arguments, the court granted the motion for summary judgment in its entirety and found that the insurance company is not obligated to honor any claims stemming from the accident because of the fraud in the procurement of the policy. This Order provides the basis to dismiss the multiple suits filed against the insurer.