No policyholder wants to hear the word “rescission” in the context of an insurance claim. The reality, however, is that when policyholders complete applications for insurance, they are typically focused on obtaining the best policy terms for the best rate. Nuances about question wording, the breadth of the applicant’s representations or how a court may analyze the insurer’s questions or the policyholder’s answers usually take a back seat to the central importance of placing and renewing coverage at a realistic price. But once a claim is made, insurers look back at applications to assess the accuracy and completeness of all information received during the underwriting process, especially in signed applications. If the insurer discovers a misrepresentation, it can be used to rescind the policy, leaving the insured with no coverage.

Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth, Cary D. Steklof, Hunton Andrews Kurth and S. Alice Weeks, Hunton Andrews Kurth

Mr. Fehling may be contacted at gfehling@HuntonAK.com
Mr. Steklof may be contacted at csteklof@HuntonAK.com
Ms. Weeks may be contacted at aweeks@HuntonAK.com