2309. Termination of Insurance Policy for Fraudulent Claim Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court?s Motion Refused Withdrawn Judge Instruction No 1 [Name of insurer] claims that [name of insured] [is not entitled to recover under/is not entitled to benefits under] the insurance policy because [he/she] made a false claim. To establish this claim, [name of insurer] must prove all of the following: 1. That [name of insured] made a claim for insurance benefits under a policy with [name of insurer]; 2. That [name of insured] represented to [name of insurer] that [insert allegedly false representation]; 3. That [name of insured]?s representation was not true; 4. That [name of insured] knew that the representation was not true; 5. That [name of insured] intended that [name of insurer] rely on this representation in [investigating/paying] [name of insured]?s claim for insurance benefits; and 6. That the representation that [insert allegedly false representation], if true, would affect a reasonable insurance company?s [investigation of/decision to pay] a claim for insurance benefits. New September 2003