Affidavits in support of motions for summary judgment must be based on personal knowledge and provide underlying facts.

In this case, an action for declaratory relief to find the insured committed certain material misrepresentations in its insurance application, the Circuit Court struck the insurance company’s underwriter’s affidavit and granted the insured’s motion for summary judgment.

The court was initially tasked with determining whether the affidavit was based on the personal knowledge of the underwriter who had executed the affidavit. It should be noted that the affidavit stated that, had the insurer known the true information, it would have issued the policy but at a higher premium. In conducting its analysis, the trial court did find the affidavit was based on personal knowledge; however, the court still struck the affidavit. The reason behind the court’s striking the affidavit was the failure to provide the underlying facts as to how the alleged premium increase was calculated or determined. 

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