Although most state’s laws discourage policyholders from making misrepresentations to their insurers during the underwriting process, insurers seeking to rescind their policies are often burdened with difficult hurdles — such as proof of the policyholder's intent to deceive — and inflexible notice requirements before they can reap the benefit of that remedy. Courts are also inclined to consider rescission a drastic step and are “ordinarily reluctant to grant it.” Union Ins. Exch., Inc. v. Gaul, 393 F.2d 151, 154 (7th Cir. 1968).

Speakers: Dominic Rupprecht J. James Cooper

Event Type: CLE / CPD, Seminar

Location Name:
Tucson AZ
Start Date/Time:
28 February 2018
End Date/Time:
28 February 2018

This paper will explore some of the legal and practical implications of misrepresentations made by policyholders during the underwriting process, surveying statutes, cases, and rules dealing with the remedies available to insurers and the defenses often invoked by insureds.