Insurance Policy Rescission: Navigating the Differing Legal Standards Underlying a Misrepresentation Claim or Defense
Advocating the Policyholders Duty of Disclosure vs. the Insurer's Duty to Investigate
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine trends and recent case law in insurance policy rescission and related exclusions, discuss the varied legal standards underlying a misrepresentation claim or defense, and outline arguments for insurers to consider when asserting misrepresentation and measures policyholders can take to avoid or defend against such claims.
- Insurance policy rescission
- Misrepresentation and concealment
- Burden of proof
- Waiver and estoppel
- Prior knowledge exclusions
- Objective v. subjective knowledge
- Severability provisions
- Pursuing or Protecting Against Policy Rescission
- Insured’s application and renewals
- Underwriting process
- Duty of insurer to investigate representations
The panel will review these and other key issues:
- What are the legal standards for policy rescission—and what can policyholders do to minimize this risk?
- How are prior knowledge exclusions applied?
- Does the insurer have a duty to investigate policyholder representations during the underwriting process?
William T. Barker
Mr. Barker focuses his practice in the area of complex commercial insurance litigation, including coverage, claim... | Read More
Mr. Barker focuses his practice in the area of complex commercial insurance litigation, including coverage, claim practices, sales practices, risk classification and selection, agent relationships, and regulatory matters. In addition to handling complex litigation, he counsels clients on insurance issues. He also advises and litigates on matters of lawyers' professional responsibility.Close
Carolyn M. Branthoover
Ms. Branthoover practices in the area of complex commercial litigation and international arbitration, with a particular... | Read More
Ms. Branthoover practices in the area of complex commercial litigation and international arbitration, with a particular focus on insurance coverage disputes arising under a wide variety of liability and property policies related to environmental, toxic tort, employment, business interruption, and product liabilities. She has represented major industrial and commercial clients in numerous state and federal courts and has acted as lead trial counsel in a number of high stakes disputes before both U.S. courts and international arbitration tribunals under the Rules of the AAA, ICDR and LCIA.Close