9th Circuit Finds Policy Properly Rescinded Due To Application Misrepresentations

SEATTLE - Finding misrepresentations on an errors and omissions (E&O) policy application to be material and made with an intent to deceive, a Ninth Circuit U.S. Court of Appeals panel on Sept. 21 held that an insurer was within its rights to rescind the policy, affirming summary judgment to the insurer on bad faith and breach of contract counterclaims against it (Tudor Insurance Co. v. Hellickson Real Estate,  No. 11-35753, 9th Cir.; 2012 U.S. App. LEXIS 19904).

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