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Misrepresentation › Waivers

McGlinchey Stafford

What Mortgage Servicers Need to Know About CFPB’s Junk Fees Update

McGlinchey Stafford on

In early March 2023, the Consumer Financial Protection Bureau (CFPB) issued a special edition of its Supervisory Highlights that focused exclusively on “junk fees” uncovered in supervisory examinations in various industries,...more

Lasher Holzapfel Sperry & Ebberson PLLC

Buying a New Home? What To Know Before Making An Offer

Lasher Holzapfel Sperry & Ebberson PLLC on

Buying a home remains one of the largest financial commitments and personal goals in an individual’s life. However, in the current market buyers are moving quickly, making large cash offers above-asking value and waiving...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

Orrick, Herrington & Sutcliffe LLP on

European Commission Unveils Tax Transparency Package - The European Commission has laid out its plans in a new Tax Transparency Package to clamp down on tax deals made between EU governments and multi-national...more

Haight Brown & Bonesteel LLP

Cancellation and Delay Waive Right to Later Rescind Ab Initio

Haight Brown & Bonesteel LLP on

In DuBeck v. Cal. Physicians' Service (No. B250129, filed 3/5/15), a California appeals court held that Blue Shield’s initial decision to cancel a healthcare policy for application misrepresentations constituted a waiver of...more

Cozen O'Connor

Fourth Circuit: Twenty-Seven Days of Inaction Enough to Waive Right to Rescind for Violations of Protective Safeguards Clause

Cozen O'Connor on

The marriage liturgy in the Anglican Book of Common Prayer contains the well-known line “speak now or forever hold your peace,” and the take-away from a recent Fourth Circuit decision out of North Carolina is clearly “act now...more

Proskauer - Insurance Recovery & Counseling

Fourth Circuit Holds That Insurer Waived Right to Rescind Commercial Property Policy

Proskauer - Insurance Recovery & Counseling on

A powerful weapon in any policyholder’s arsenal is the potential to argue that an insurer waived its right to rescind a policy or deny coverage. Successfully arguing waiver may allow a policyholder to obtain coverage even...more

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