Insurance Rescission and Exclusions
Resolving Coverage Disputes Arising From Prior Knowledge and Misrepresentation Allegations
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, February 3, 2010
Recorded event now available
This CLE webinar will examine trends in insurance rescission and exclusions, discuss the standards for rescission and exclusion of coverage, and outline best practices for asserting and defending such claims.
Description
Rescission is a powerful weapon for insurers alleging misstatements or concealment of fact in policy applications or renewals. The alternative to rescission is the prior knowledge exclusion that denies coverage based on a misstatement or omission but keeps the policy in force.
The economic crisis and financial market strain have elevated the threat of policy rescission and coverage exclusion. As litigation implicating D&O and E&O insurance rises, so does the risk that alleged misstatements or omissions could be the basis for denying coverage or rescinding the policy.
Practitioners must anticipate potential bases for policy rescission and exclusion of coverage and be prepared to minimize risks and resolve these coverage disputes.
Listen as our authoritative panel of attorneys discusses insurance rescission and coverage exclusion trends and best practices for minimizing and resolving these coverage disputes.
Outline
- Insurance rescission
- Misrepresentation and concealment
- Intent
- Materiality
- Reliance
- Burden of proof
- Statute of limitations and laches
- Coverage exclusions
- Prior knowledge exclusions
- Objective v. subjective knowledge
- Severability provisions
- Misrepresentation exclusions
- Prior knowledge exclusions
- Best practices for minimizing and resolving rescission and exclusion claims
- Insured’s application and renewals
- Underwriting process
- Duty of insurer to investigate representations
Benefits
The panel will review these and other key questions:
- What are the legal standards for policy rescission — and what can policyholders do to minimize this risk?
- What effect have recent changes in policy forms had on the insurers' ability to seek rescission?
- How are prior knowledge exclusions applied in policy applications versus policy renewals?
Faculty
Dennis J. Wall,
Law Offices of Dennis J. Wall, Winter Springs, FL
He is a published author, speaker and consultant on the subjects of insurance coverage and insurer bad faith. He writes the widely respected and influential Web Log, "Insurance Claims and Issues" as well as the critically acclaimed nonpartisan "Insurance Claims and Bad Faith Law" Blog.
Pamela D. Hans,
Partner
Anderson Kill & Olick, Philadelphia
Her practice concentrates in the area of insurance coverage exclusively on behalf of policyholders. Her clients include home builders, non-profit organizations, ethanol producers, commercial lenders, and hog processors, whom she has represented in disputes with their insurance companies.
Karen Ventrell,
Partner
Troutman Sanders, Washington, D.C.
She has extensive experience in commercial insurance litigation, focusing on commercial general liability insurance, directors and officers liability insurance, satellite insurance, business interruption insurance, and reinsurance. She also has represented insurers in multi-state market-conduct class actions involving alleged deceptive trade practices.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $49.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $49.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $49.00
plus $9.45 S&H
Available ten business days after the live event
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