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Rescission Waivers

Burr & Forman

CFPB Allows Waiting Periods under TILA and RESPA to be Modified or Waived Due to COVID-19

Burr & Forman on

On April 29, 2020, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule allowing certain consumers to modify to waive certain waiting periods required under the Truth in Lending Act (TILA) and the Real...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Court's Interpretation of Contract Language

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case questioning whether a breach of contract occurred. The court, in interpreting a contract, must determine the intent of the parties from the language used in the...more

Cooley LLP

Blog: What States Should Know About The Contractual Consequences Of Bribery

Cooley LLP on

Bribery. States often have to decide to exit or continue with contracts procured by bribes paid to public officials. Bribery gives rise to various types of claim. We have previously covered claims to recover the value of...more

Haight Brown & Bonesteel LLP

Cancellation and Delay Waive Right to Later Rescind Ab Initio

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

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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