News & Analysis as of

Misrepresentation Insurance Regulations

Wiley Rein LLP

No Second Bite at the Apple: New Emails Can’t Undo a False Application Response

Wiley Rein LLP on

The United States District Court for the Central District of California, applying California law, has held that an insurer could rescind liability insurance policies based on misrepresentations in the application, even though...more

Wiley Rein LLP

Insurance Policy Voided Due to Attorney’s Failure to Disclose Disciplinary History

Wiley Rein LLP on

The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding...more

McGuireWoods LLP

North Carolina: Policyholders Not Contributorily Negligent for Agent’s Misstatements

McGuireWoods LLP on

In a pro-policyholder ruling, the North Carolina Supreme Court recently held that a homeowner’s claims against an insurance agent for negligence and gross negligence, seeking punitive damages, survived a motion to dismiss...more

Carlton Fields

Texas Doubles Down on “Intent to Deceive” as Requirement to Void Insurance Policy

Carlton Fields on

The Texas Supreme Court reinforced common law precedent that insurers cannot avoid liability under an insurance policy based on a misrepresentation in an insurance application unless the insurer can establish that the insured...more

Carlton Fields

McCarran-Ferguson Act Prohibits Pursuit Of RICO Claims Against Insurer

Carlton Fields on

A Plaintiff annuity holder was prohibited from pursuing her federal racketeering claims against an insurance company and its affiliates, as doing so would impair state regulation of insurance business, contrary to the...more

5 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide