SFR Services, LLC, a/a/o Donald and Jane Marston v. Tower Hill Signature Insurance Company
After a jury found that Tower Hill proved its affirmative defense that SFR, the insureds' assignee, materially misrepresented the value of roof repairs, the Sixth District affirmed the defense verdict. The court held that a policy's Concealment or Fraud provision is a contract condition — not an insured 'duty after loss' — and therefore binds a contractor proceeding under a post-loss assignment of benefits.
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