What is the test for intent to defraud an insurer?
California, United States of America
The following excerpt is from People v. Gallegos, D073511 (Cal. App. 2019):
"[T]he intent to defraud the insurer is necessarily implied when the misrepresentation is material and the insured wilfully makes it with the knowledge of its falsity." (Cummings v. Fire Ins. Exch. (1988) 202 Cal.App.3d 1407, 1418.) Here, how
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