In his article Insurers: To Rescind Or Not to Rescind?, insurance agency expert witness Akos Swierkiewicz writes:
The insurer must have incontrovertible evidence to demonstrate that the fact obtained from the insured is false.
• Is the falsity material?
Materiality is determined within the context of probable and reasonable influence on the insurer by the false fact. Consequently, if the insurer’s underwriting decision is not affected, then the falsity cannot be deemed material.
• Is it reasonable to rely on it?