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Insurance Industry › Material Misrepresentation › Misrepresentation

Zelle LLP

Rescission: Timing Matters Under Texas Law

Zelle LLP on

As discussed in an article Zelle drafted in November 2023, "Viewpoint: Non-renewal, Cancellation, Reformation and Rescission of Insurance Policies in Texas", an insurer that wishes to rescind an insurance policy on the basis...more

Wiley Rein LLP

Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health...

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The United States District Court for the Central District of California, applying California law, has held that an insured behavioral health center’s material misrepresentations on an application and its prior knowledge...more

K&L Gates LLP

OnRisk: The Misrepresentation Defense

K&L Gates LLP on

In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent...more

Cozen O'Connor

Rescission: An Underutilized Tool

Cozen O'Connor on

The rescission of an insurance policy is one of the most underutilized tools in handling insurance claims. If used properly, it unwinds the insurance transaction and the parties are restored to their position prior to the...more

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