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Insurance Industry › Rescission › Misrepresentation

Zelle LLP

Rescission: Timing Matters Under Texas Law

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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

Policy Rescinded Based on Insured’s Material Misrepresentation in Renewal Application

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An Indiana federal court, applying Indiana law, has held that an insurer could rescind a claims-made-and-reported professional errors and omissions policy based on misrepresentations made by the insured in the policy renewal...more

Wiley Rein LLP

Insurer Entitled to Rescission for Insured’s Misrepresentations on Renewal Application

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The United States District Court for the Central District of California, applying California law, has held that an insurer was entitled to rescind a professional liability policy issued to a healthcare facility because the...more

Wiley Rein LLP

Company’s Misrepresentations Warrant Policy Rescission Under Florida Law

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A Florida federal district court has held that an insurer is entitled to rescind a directors and officers (D&O) policy it issued to its insured due to the insured’s misrepresentation of material facts on its application for...more

Wiley Rein LLP

“Notice of Cancellation” Meets California Requirements for Notice of Rescission

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A California federal court has held a “Notice of Cancellation” was sufficient to meet the substantive requirements of rescission in California, where the notice informed the insured of misrepresentations on the application...more

K&L Gates LLP

OnRisk: The Misrepresentation Defense

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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

Bradley Arant Boult Cummings LLP

5 Best Practices For Minimizing Rescission Risk

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Recent court decisions across a variety of industries highlight the importance of submitting accurate and complete insurance applications and renewals. When submitting an insurance application, the applicant should accurately...more

Carlton Fields

Eleventh Circuit Deems Voluntary Dismissal of a Coverage Action Sufficient to Award Attorneys’ Fees to a Policyholder as the...

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In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly when involved in the...more

Cozen O'Connor

Rescission: An Underutilized Tool

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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

Cozen O'Connor

When is Rescission Based Upon Material Misrepresentations The Proper Course of Action?

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Carriers rely on application representations regarding the existence of potential claims. Sometimes, the carrier learns after the fact that an applicant may not have reported all known potential claims. What can/should the...more

Proskauer Rose LLP

Fourth Circuit Holds That Insurer Waived Right to Rescind Commercial Property Policy

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A powerful weapon in any policyholder’s arsenal is the potential to argue that an insurer waived its right to rescind a policy or deny coverage. Successfully arguing waiver may allow a policyholder to obtain coverage even...more

Zelle LLP

Don’t Miss The Boat On Rescission Claims

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Originally published in Insurance Law360 on March 5, 2013. As victims of Superstorm Sandy and their insurers continue to comb through their losses and their insurance policies, it is likely that the underwriting...more

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