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).

发言人:: Dominic Rupprecht J. James Cooper

活动类型: 继续法律教育(CLE)或继续专业发展(CPD), 研讨会

地点名称:
Tucson AZ
开始日期/时间:
28 February 2018
结束日期/时间:
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.