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 misrepresentations may justify insurance policy rescission, related acts of revival and reinstatement, and bad faith "post-claim" underwriting.
Outline
- 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
Benefits
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 for 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?
Faculty
Joseph Monteleone
Partner
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
Partner
Wilson Elser
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
Matthew R. Major
Of Counsel
Wilson Elser Moskowitz Edelman & Dicker
Mr. Major focuses his practice on civil litigation at the state and federal levels in trial and appellate courts... | Read More
Mr. Major focuses his practice on civil litigation at the state and federal levels in trial and appellate courts with a concentration on general litigation, insurance litigation, employment litigation, professional and management liability defense, and securities litigation. He also has represented insurance carriers in complex, high-profile coverage disputes; defended large corporations against claims involving dissolution, contract, fraud, fiduciary duty, trade secret, products liability, employment, ERISA, and personal injury law components; and represented individuals involved in securities and contract-related disputes. He has achieved certification in the firm’s rigorous National Mock Trial Program, through which our most successful trial lawyers impart their knowledge to those destined to join their ranks.
Close