Expert Witness Blog
In his article Insurers: To Rescind Or Not to Rescind?, insurance expert witness Akos Swierkiewicz writes:
State insurance codes and legal precedents also have an impact on the insurer’s decision-making process concerning rescission.
For example, the California Insurance Code allows policy rescission even in cases of unintentional misrepresentation or unintentional concealment, and it provides that materiality is to be determined solely by the probable and reasonable influence of the facts on the insurer.
Also, case law precedent prevents insurers from relying solely on representations contained in the policy application or underwriting information if an inspection of the insured’s property is conducted.