"Known loss" standard vs. proof of fraud in application Archives

Rohm and Haas Company vs. Continental Casualty Company

Year: 1998

Court: Pennsylvania Supreme Court, Eastern District

Case Number: 00670PHL98 & 00671PHL98

Issue:

"Known loss" standard vs. proof of fraud in application

State:

Pennsylvania

Pennsylvania should require proof of fraud on an application for insurance by clear and convincing evidence and should not adopt a “known loss” standard which drastically lowers the insurer’s burden.