Insurance Policy Rescission After a Claim is Filed: Bad Faith and Third-Party Claims
Recurring Issues for Insurers, Policyholders, and Innocent Third Parties
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the challenges and complications for insurers from rescinding an insurance policy and how a policyholder can effectively respond if the insurer attempts to rescind its policy after a covered claim is made. The panel will review addressing rescission for statutorily required coverage, bad faith indicators, and how different courts treat claims made by innocent third parties. The program will review what types of misrepresentations may justify the rescission of insurance policies, the related acts of revival and reinstatement, and bad faith "post-claim" underwriting.
- Overview of rescission and state law requirements
- Procedures and formalities of rescission or cancellation
- Grounds for rescission
- Bad faith rescission
- Strategies for policyholders
- Strategies for insurers
The panel will review these and other issues:
- What is the required procedure for seeking rescission?
- What types of proof can or must an insurer rely on to seek rescission?
- Is rescission effective as to innocent insureds and third parties?
- What are the badges of "bad faith" in rescission? Can the insurer waive the right to rescind?
- What are the insurer's duties upon rescission?
Marci Goldstein Kokalas
Ms. Kokalas focuses her practice on complex insurance coverage matters and disputes arising under general liability and... | Read More
Ms. Kokalas focuses her practice on complex insurance coverage matters and disputes arising under general liability and property policies, including both first-party and third-party liability actions. She regularly represents insurers through trial and appeal, as well as in arbitration and mediation, and provides coverage opinions, policy analysis, reservation and declination letters, and pre-litigation counseling. Ms. Kokalas also devotes a significant portion of her practice to complex commercial litigation, liability claims, and employment matters.Close
Weber Gallagher Simpson Stapleton Fires & Newby
Mr. Monteleone serves as coverage and monitoring counsel for errors and omissions (E&O), directors and officers... | Read More
Mr. Monteleone serves as coverage and monitoring counsel for errors and omissions (E&O), directors and officers (D&O), employment practices liability (EPL), and other claims-made insurance products.Close
Mark R. Vespole
Wilson Elser Moskowitz Edelman & Dicker
Mr. Vespole is a trial lawyer who also counsels and represents financial institutions, insurers and corporations and... | Read More
Mr. Vespole is a trial lawyer who also counsels and represents financial institutions, insurers and corporations and their employees in high-profile cases. He draws on Wilson Elser’s deep resources and national footprint to handle large, multijurisdictional and complex cases expeditiously and cost effectively. Mr. Vespole combines sophisticated legal strategies with the firm’s professional support to handle large-scale document processing and its technology resources to streamline communications and facilitate case management.Close