News & Analysis as of

Breach of Contract › Material Misrepresentation

Wiley Rein LLP

Insurer Entitled to Rescind Policy for Insured’s Concealment of Lawsuit Filed Prior to Policy Period

Wiley Rein LLP on

The United States District Court for the Central District of California, applying California law, has held that an insurer may rescind a policy issued to a law firm where the firm failed to disclose, when applying for...more

Venable LLP

Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them

Venable LLP on

​​​​​​​Supply chain disruptions and accompanying inflation for raw materials have challenged many businesses. A recent case involving paint retailer Sherwin-Williams shows how not to deal with these challenges....more

Farrell Fritz, P.C.

“So What?”: Twitter Resists Merger Agreement Termination by Invoking Musk’s Unclean Hands

Farrell Fritz, P.C. on

Elon Musk has lobbed in two additional termination letters since his original July 8 letter seeking to terminate his agreement to acquire Twitter for $44 billion.  Each termination letter cites alleged false representations...more

Saul Ewing LLP

Eastern District of California: No Policy, No Bad Faith (in California)

Saul Ewing LLP on

John Cordell Young, Jr. put Progressive on notice of a claim for the theft of his missing motor home, which was later found submerged in a canal with a pole wedged against the accelerator. Progressive’s investigation turned...more

Bradley Arant Boult Cummings LLP

Are Federal Courts Increasingly Likely to Grant Rescission of Insurance Contracts?

Bradley Arant Boult Cummings LLP on

Recent court decisions across a variety of industries highlight the importance of submitting complete and accurate insurance applications and renewals. When submitting an application for insurance, the applicant should...more

Manatt, Phelps & Phillips, LLP

Bank of America Wins Reversal of FIRREA $1.27B Penalty

Manatt, Phelps & Phillips, LLP on

A breach of contract is insufficient to also support a claim for fraud, the Second Circuit Court of Appeals has ruled, reversing a $1.2 billion verdict against Countrywide Home Loans in the process. What happened - ...more

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