Courts often require insurers to return premiums (or at least offer to return them) when rescinding an insurance policy. Some states may even require it under statute. The reason is that rescission is an equitable remedy...more
5/16/2013
- Damages Fraud Insurers Premiums Rescission
Earlier this week, the Florida District Court of Appeal once again concluded that, where an insurance policy does not impose a stricter standard for voiding insurance policies based on misrepresentations than section 627.409...more
5/3/2013
- Contract Interpretation Misrepresentation Voidable
As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue...more
4/30/2013
- Construction Defects Construction Disputes Occurrence
Recently, Washington courts have issued a number of opinions resolving a variety of issues against insurers. For instance, the Washington Supreme Court presumed that there is no attorney-client privilege in a bad-faith suit...more
4/30/2013
- Commercial Insurance Policies Exclusions Insurers
We thought our readers would be interested in this case from Connecticut involving the state’s cap on self-insurers’ liability for un/underinsured motorists. Although the case came down from the Connecticut Supreme Court in...more
11/21/2012
