The U.S. District Court for the Southern District of Illinois, applying Illinois law, has held that an insurer was entitled to rescission of a policy where the insured made material misrepresentations in its application.  Carolina Cas. Ins. Co. v. Robert S. Forbes PC, 2017 WL 86136 (S.D. Ill. Jan. 10, 2017).  The court also held that the insurer did not waive its right to rescind because, even though the insurer took a year to investigate the claim, the insurer consistently reserved its right to rescind the policy.

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