§ 3.27 Conditions - Concealment, Fraud, and Misrepresentation Provisions - Innocent Spouse or Co-insured

• Library: Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.)

§ 3.27 Conditions - Concealment, Fraud, and Misrepresentation Provisions - Innocent Spouse or Co-Insured

While the South Carolina Court of Appeals did not specifically address the operation of the concealment or fraud exclusion in South Carolina Farm Bureau Mutual Insurance Co. v. South Carolina Bank & Trust,¹⁴⁹ the court did address whether an innocent spouse or co-insured would be entitled to recover under a policy containing conditions regarding intentional acts concealment or fraud. The policy provided under "Conditions":

Intentional Loss. If you or any person insured under this policy causes or procures a loss of property covered under this policy for the purpose of obtaining insurance benefits, then the policy is void and we will not pay you or any other insured for this loss.
Concealment or Fraud. If you or any other insured under this policy has intentionally concealed or misrepresented any material fact or circumstance, or made false statements or engaged in fraudulent conduct relating to this insurance, whether before or after a loss, then this policy is void to you and any other insured.¹⁵⁰

The husband insured intentionally set...