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Insurance

Mar. 25, 2005

Rescission Issue Centers on Intent, Meaning of 'Willful'

An insurer occasionally asserts the policyholder made a material misrepresentation or concealed a material fact in applying for the policy. If successful, the insurer can rescind, with no coverage obligations other than the return of any premium paid. Imperial Casualty & Indemnity Co. v. Sogomonian , 198 Cal.3d 169 (1988).

Rex Heeseman

JAMS

555 W 5th St Fl 32
Los Angeles , CA 90013-1055

Phone: (213) 253-9772

Fax: (213) 620-0100

Email: rheeseman@jamsdar.com

Stanford Univ Law School

Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.

        
        Focus Column
        
        Insurance Law
        
        By Rex Heeseman
       &n...

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