Insurance : Malpractice Insurance – Void Ab Initio – Misrepresentation

Where an insurer sought a declaration that a medical malpractice insurance policy was void ab initio because a doctor, who was subsequently sued for emotional distress and medical negligence, made misrepresentations by omissions in his application, the trial court erred in granting the insurer’s motion for summary judgment because there were disputed issues of material fact with respect to the insurer’s claim regarding voidness.

Judgment is reversed and remanded.

Keystone Mutual Insurance Company v. Kuntz (MLW No. 70048/Case NO. SD34540 – 11 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Polk County, Hendrickson, J. (Brian David Malkmus and Alex Craig Riley, Springfield, for respondent) (William Craig Hosmer and Stuart Helm King, Springfield, for appellant).

Read the full text of this opinion. (PDF)