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Bad Faith Material Misrepresentation

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: Material Misrepresentations in Life Insurance Policy Application Justified Rescission by...

In Salopek v. Zurich Am. Life Ins. Co., 2020 U.S. Dist. LEXIS 46857 (D. N.M. March 18, 2020), a New Mexico district court affirmed an insurer's rescission of an individual life insurance policy based on material...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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Federal District Court Denies Insured’s Request To Add Claim For Bad Faith And Consequential Damages Based On Insurer’s Denial Of Coverage In this declaratory judgment action, the insured filed a motion for leave to add a new...more

Carlton Fields

Federal Court In Puerto Rico Voids Marine Insurance Policy Based Upon Misrepresentation In Insurance Application

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QBE Seguros brought a successful action declaring a marine insurance policy was void ab initio under the doctrine of uberrimae fidei and the breach of the warranty of truthfulness in the application for insurance....more

Saul Ewing LLP

Judge in Western District of Pennsylvania Agrees that Insured’s Material Misrepresentations Warrant Dismissal of his Bad Faith...

Saul Ewing LLP on

American Nat'l Prop. & Cas. Co. v. Felix, No. 3:16-CV-147, 2018 WL 1747697 (W.D. Pa. Apr. 11, 2018) - When a fire destroyed defendant Daniel Felix’s home, he sought coverage under his American National homeowner’s...more

Cozen O'Connor

Eastern District of California Dismisses Bad Faith Action, Where Misrepresentation Voids Policy

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On June 6, 2017, the U.S. District Court for the Eastern District of California found, consistent with longstanding California precedent, that a material misrepresentation made in the course of a coverage investigation voids...more

Cozen O'Connor

Rescission: An Underutilized Tool

Cozen O'Connor on

The rescission of an insurance policy is one of the most underutilized tools in handling insurance claims. If used properly, it unwinds the insurance transaction and the parties are restored to their position prior to the...more

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