N.C.P.I.—Civil 910.27

The (state number) issue reads:

"Did the [plaintiff(s)] [defendant(s)]2 willfully [conceal]

[misrepresent] [falsely swear to] a material fact or circumstance in

connection with the filing of the proof of loss required by the insurance

policy?"

The policy of fire insurance in this case contains the following

provision:

This entire policy shall be void if, whether before or after a loss, the

insured has willfully concealed or misrepresented any material fact

or circumstance concerning this insurance or the subject of this

insurance, or the interest of the insured in the subject of this

insurance, or in the case of any fraud or false swearing by the

insured relating to the subject of this insurance.3

On this issue, the burden of proof is on the [plaintiff] [defendant]

insurance company.4 This means that the [plaintiff] [defendant]

insurance company must prove, by the greater weight of the evidence,

that the [plaintiff(s)] [defendant(s)] willfully [concealed]

[misrepresented] [falsely swore to] a material fact or circumstance in

connection with the filing of the proof of loss required by the insurance

policy.

A [concealment] [misrepresentation] [false swearing] is willful

when done intentionally,5 knowingly, or without regard to the truth.

However, if a [concealment] [misrepresentation] [false swearing] was

made [accidentally] [mistakenly] [unknowingly] [in good faith], it would

not be willful.6

A fact or circumstance is material if the knowledge or ignorance of

it would naturally and reasonably influence the judgment of the [plaintiff]

[defendant] insurance company in accepting the proof of loss as

presented by the [plaintiff(s)] [defendant(s)].7 It is not necessary for the

[plaintiff] [defendant] insurance company to have actually been deceived,

prejudiced or injured by the [concealment] [misrepresentation] [false

swearing].8

Finally, as to the [state number] issue on which the [plaintiff]

[defendant] insurance company has the burden of proof, if you find, by

the greater weight of the evidence, that the [plaintiff(s)] [defendant(s)]

willfully [concealed] [misrepresented] [falsely swore to] a material fact or

circumstance in connection with the filing of the proof of loss required by

the insurance policy, then it would be your duty to answer this issue

“Yes” in favor of the [plaintiff] [defendant] insurance company. If, on the

other hand, you fail to so find, then it would be your duty to answer this

issue “No” in favor of the [plaintiff(s)] [defendant(s)].