In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent years. Ms. Branthoover and Mr. Louik explain how the defense works, why policyholders need to be careful when they complete their applications for insurance, and what they can do to reduce the risk that their insurers will use this defense to deny coverage. As Ms. Branthoover notes, when it comes to the misrepresentation defense, “an ounce of prevention is worth a pound of cure.” Take your first step toward prevention by listening to this podcast before filling out another policy application.
OnRisk has been created by the K&L Gates Insurance Coverage practice to discuss insurance topics from a policyholder's perspective. It is part of the HUB Talks podcast which covers critical issues at the intersection of business and law. Catch-up on past episodes by visiting the OnRisk section of our HUB Talks program page (http://hubtalks.klgates-media.libsynpro.com/category/OnRisk).