Insurance Policy Rescission Standards State Law Survey

Summary

This survey provides a summary of the current state of the law regarding rescission in each of the 50 states and the District of Columbia. It tracks various issues relating to this topic, including whether the misrepresentation underlying a rescission must be incorporated into a policy and whether that misrepresentation must be fraudulent or intentional, whether materiality must be established, and the reliance level required for a rescission. Relevant statutes that govern rescission in each jurisdiction as well as the key decisions on rescission rendered by each state's courts are also covered.