Posts tagged Rescission.
Eleventh Circuit Holds that Claims Pre-Date Policy, Sidesteps Rescission Issue
Eleventh Circuit Holds that Claims Pre-Date Policy, Sidesteps Rescission Issue
New York Federal Court Holds Prior Knowledge Exclusion Applies Only to Known Claims, Not Facts and Circumstances That Could Lead to a Claim
New York Federal Court Holds Prior Knowledge Exclusion Applies Only to Known Claims, Not Facts and Circumstances That Could Lead to a Claim
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
Insurer’s Motion to Dismiss Denied Where Complaint Plausibly Alleged Rescission of Policies Was Untimely Under Wisconsin Statute  
Insurer’s Motion to Dismiss Denied Where Complaint Plausibly Alleged Rescission of Policies Was Untimely Under Wisconsin Statute  
Insurer Can Rely on Prior Insurance Applications in Support of Rescission Claim Based on Omission in Current Policy’s Application
Insurer Can Rely on Prior Insurance Applications in Support of Rescission Claim Based on Omission in Current Policy’s Application
Company’s Misrepresentations Warrant Policy Rescission Under Florida Law
Company’s Misrepresentations Warrant Policy Rescission Under Florida Law
“Notice of Cancellation” Meets California Requirements for Notice of Rescission
“Notice of Cancellation” Meets California Requirements for Notice of Rescission
Insurer Entitled to Rescind Policy for Insured’s Concealment of Lawsuit Filed Prior to Policy Period
Insurer Entitled to Rescind Policy for Insured’s Concealment of Lawsuit Filed Prior to Policy Period
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute
Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute
Insured’s False “Expression of Personal Belief or Opinion” Insufficient to Warrant Rescission of Policy 
Insured’s False “Expression of Personal Belief or Opinion” Insufficient to Warrant Rescission of Policy 
Federal Court Declines to Exercise Jurisdiction Over Rescission Action
Federal Court Declines to Exercise Jurisdiction Over Rescission Action
Insurer Entitled to Rescind Policy Due to Insured’s Failure to Disclose Contract Dispute and Potential Claim on Application
Insurer Entitled to Rescind Policy Due to Insured’s Failure to Disclose Contract Dispute and Potential Claim on Application
Insurer Entitled to Rescind Due to Misrepresentations on Application
Insurer Entitled to Rescind Due to Misrepresentations on Application
Whether Insured Misrepresented or Concealed Information in Application is a Fact Issue for Trial
Whether Insured Misrepresented or Concealed Information in Application is a Fact Issue for Trial
Fact Issues Preclude Summary Judgment on Prior Knowledge Exclusion
Fact Issues Preclude Summary Judgment on Prior Knowledge Exclusion
Issues of Fact Halt Insurer’s Attempt to Rescind Malpractice Policy
Issues of Fact Halt Insurer’s Attempt to Rescind Malpractice Policy
Concealment of Pending Lawsuits in Renewal Application Voids Policy
Concealment of Pending Lawsuits in Renewal Application Voids Policy
“May” and “Might” are Sufficiently Clear and Unambiguous to Support Rescission Claim
“May” and “Might” are Sufficiently Clear and Unambiguous to Support Rescission Claim
Warranty Exclusion Bars Coverage Where Start-Up Made Material Misrepresentations in Application about Potential Acquisitions
No Coverage for Malpractice Suit Implicating Policy’s Outside Business Exclusion
Montana Supreme Court Holds Insurer Does Not Have Statutory Right to Rescind Lawyers’ Professional Liability Policy
West Virginia High Court Reinstates Rescission Suit
No Coverage Due to Material Misrepresentation on Insurance Application Based on Totality of Circumstances
Application Exclusion Does Not Apply When Misstatements Were Not “But For” Cause of Claim
Insurer Entitled to Rescind Policy Where Insured Law Firm Made Material Misrepresentations in Application
Insurer Entitled to Rescind Policy But Not to Reimbursement of Defense Costs
Insurer May Rescind Policy Where Insured Failed to Disclose Pending Investigation
Court Grants Summary Judgment to Insurer Based on Failure to Disclose Prior Claims in Application
Disputes Over Amounts of Premiums and Claims Paid Prevent Summary Judgment in Rescission Case
Missouri Federal Court Denies Motion to Stay Coverage Action Pending Resolution of State Insolvency Proceedings Against Insured
Second Circuit Upholds Trial Win for Insurer Rescinding Policy
Failure to Disclose Untimely Filings on Application Voids Lawyer's Policy
Insurer Entitled to Rescind Lawyers Professional Liability Policy Where Insured Made Material Misrepresentations in Application
Insurer Entitled to Rescind Policy for Insured’s Failure to Disclose Prior Losses
Subjective Standard Applies to Rescission of E&O Policy Based on Response to Application Question
Insured Lawyers’ Material Misrepresentations Warrant Rescission and Coverage also Barred by Prior Knowledge Exclusion
Lawyer’s Material Misrepresentations in Policy Renewal Applications Justify Rescission
Ninth Circuit Upholds Rescission of Crime Policies Based on Misrepresentation in Application
Rescission Voids All Policy Provisions, Including Innocent Insured Provision
Rescission Warranted When Policyholder Failed to Disclose Past Department of Insurance Investigations in Application
No Rescission Based on Application Signer’s Fraud; Fraudster’s Knowledge Cannot Be Imputed to Bank
Insurer Entitled to Rescind Policy Based on Insured’s Failure to Disclose Claim Made After Application Submitted but Before Coverage Bound
Rescission Proper Due to Failure to Disclose Known Losses in Application
Claimant Without a Judgment Has No Standing to Bring Declaratory Judgment Action Against Alleged Tortfeasor’s Insurer
Seventh Circuit Holds Insured’s Material Misrepresentations in Application Warrant Rescission of Policy
Fourth Circuit Holds that Rescission is Not Available to Innocent Co-Insureds
Policy Rescinded And Voided Ab Initio For Failure to Disclose Professional Responsibility Grievance Investigation of Insured Officer
New Jersey High Court Retroactively Applies Rescission of Medical Malpractice Policy
Action by Tennessee Attorney General Deemed to Pre-Date Claims-Made Policy Period Because Related to Earlier-Filed Customer Complaints
Coverage Barred by Prior Litigation Exclusion, Regardless of Insured’s Actual or Reasonable Belief About Pre-Policy Demand Letter
Material Misrepresentations in Application Preclude Coverage for More Than $2 Million Embezzlement
Insurer Waived Right to Rescind Where Its Agents Knew of Facts that ‘Distinctly Implied’ Information on Policy Application Was Incorrect
Illinois Supreme Court Holds “Innocent Insured Doctrine” Inapplicable In Rescission Context
No Rescission of Renewal Policy Where Original Application Not Incorporated into Application for Renewed Policy
Court Holds That Policy’s Misrepresentation Clause Set Higher Standard for Rescission
Malpractice Policies Rescinded Based on Material Misrepresentations
No Coverage Where Attorney Failed to Disclose Tolling Agreement With Client on Application for Insurance
Court Refuses to Stay Rescission Action Pending Outcome of Underlying Proceeding
Fraud in Application Voids Law Firm’s Professional Liability Policy
Insurer with Knowledge of Potential Claim Cannot Agree with Insured to Cancel Policy
Material Misrepresentation in Application Warrants Rescission of Crime Coverage
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