LexisNexis® Legal Newsroom
Top CA Case of the Week: Village Northridge Homeowners Association v. State Farm Fire and Casualty Company

Peter Sindhuphak, Associate, Barger & Wolen, LLP In Village Northridge Homeowners Association v. State Farm Fire and Casualty Company (decided August 30, 2010) (free unenhanced download), the California Supreme Court rejected an insured’s attempt to sue State Farm for fraud in inducing...

Directors and Officers Insurance – New Appleman on Insurance Law Library Edition, Chapter 26

Dan A. Bailey and Timothy W. Burns This chapter begins by discussing the enormous success of directors and officers ("D&O") insurance in protecting the personal assets of directors and officers and particularly outside corporate directors. As Section 26.01 explains, despite thousands...

PHL Variable Insurance Company v. Morello – STOLI Policy Rescinded

By Stephan Leimberg and Howard Zaritsky "where the insurer is induced to enter into a contract for insurance by the actual fraud of the insured, the insurer is not required to return the premiums paid." The reasoning is that "a contrary rule would be an invitation to commit fraud."...

Goldgerg Segalla’s Professional Liability Monthly – October, 2010

IN THIS MONTH'S EDITION: Subjective Statements of Underwriter Insufficient in Rescission Action Policyholder Under Medical Malpractice Policy Defeats Rescission Claim - Loses Coverage Under Exclusion States Can Proceed With Challenge to Healthcare Bill Six Women File Suit Against Citigroup...

Goldgerg Segalla’s Reinsurance Review – January, 2011

IN THIS MONTH'S EDITION: Court Concludes that Arbitration Clause is Broad Enough to Cover Dispute District Court Concludes that Insurer Has Right To Intervene In Suit by Policyholder To Obtain Proceeds Of Judgment From Reinsurer District Court Granted Summary Judgment to Insurer on Rescission...

Revisiting the Three Rs: Risks, Rewards, and Rescission

By Mary McCutcheon and Amanda Hairston, Attorneys, Farella Braun + Martel LLP In their article appearing in the May/June 2011 issue of Coverage , "Revisiting the Three Rs: Risks, Rewards, and Rescission," Mary McCutcheon and Amanda Hairston observe that insurers' claims that they are...

Insurance 101-Insights for Young Lawyers: When, What and Why?: Notifying Insurer of a "Claim" or a Potential Claim under an EPLI Policy

By Erica Dominitz and Amy Woodworth, Attorneys at Law In their article appearing in the May/June 2011 issue of Coverage , "When, What and Why: Notifying Insurer of a 'Claim' or a Potential Claim under an EPLI Policy," Erica J. Dominitz and Amy J. Woodworth explain the importance...

California Court Denies Rescission of Insurance Policy

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Thompson v. Navigators Ins. Co ., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was entitled...

Florida Court Allows Rescission of a Professional Liability Policy

In its recent decision in Zurich American Ins. Co. v. Diamond Title of Sarasota, Inc ., 2013 U.S. Dist. LEXIS 170981 (M.D. Fla. Dec. 4, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Middle District of Florida had occasion to consider whether an...

Cancellation Waives Right to Rescind: Cancellation is Anathema to Rescission When Grounds for Rescission Exist

When a person obtains a policy of insurance by means of a material misrepresentation an insurer has two options available to it when it learns of the misrepresentation: (1) It can rescind the policy from its inception and return all premium collected; (2) It can cancel the policy, retain the premium...