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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Thursday, October 9, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE course will discuss the challenges and complications for insurers from rescinding an insurance policy and how a policyholder can effectively respond if the insurer attempts to rescind its policy after a covered claim is made. The panel will review addressing rescission for statutorily required coverage, bad faith indicators, and how different courts treat claims made by innocent third parties. The program will review what misrepresentations may justify insurance policy rescission, related acts of revival and reinstatement, and bad faith "post-claim" underwriting.

Faculty

Matthew Major
Partner
Parent: Lydecker LLP

Mr. Major is a partner in our Philadelphia and New Jersey offices and a seasoned civil litigator with extensive experience representing clients in administrative proceedings and in state and federal courts at both the trial and appellate levels. His diverse practice encompasses complex litigation matters, with a strong focus on construction litigation, professional liability, general liability, commercial litigation, insurance-related disputes, and the defense and counseling of clients in the financial services industry.

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Mark R. Vespole
Partner
Wilson Elser, LLP

Mr. Vespole is a trial lawyer who also counsels and represents financial institutions, insurers and corporations and their employees in high-profile cases. He draws on Wilson Elser’s deep resources and national footprint to handle large, multijurisdictional and complex cases expeditiously and cost effectively. Mr. Vespole combines sophisticated legal strategies with the firm’s professional support to handle large-scale document processing and its technology resources to streamline communications and facilitate case management.

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Description

While insurers' counsel view the rescission of an insurance policy as an underutilized tool in handling insurance claims, policyholders contend rescission is often nothing more than opportunistic, post-claims underwriting that leaves the policyholder and sometimes injured third parties defenseless. The representations of the insurer and its agents at the time of purchasing the coverage may also play a role in whether rescission is proper as well as the policy exclusions.

Rescission is an equitable remedy, but its use and scope are matters of state statutory law. The remedy targets material misstatements in the application or claims presentation process, but applications and other paperwork are often confusing. Attempting to rescind a policy after losses often leads to bad faith and litigation claims with costs that could exceed the claim amount. A valid choice of law provision does not necessarily control applicable "bad faith" law.

Because rescission often requires some intentionality, summary judgment is seldom practical for the insurer. Insurers must be careful not to waive the right to rescission and exercise it carefully. Policyholders, however, have significant defenses, including bringing claims or counterclaims for bad faith.

Listen as the panel discusses the increasing use of rescission in all types of policies, including general liability coverage, auto coverage (fleet and business coverage), and individual policies.

Outline

I. Overview of rescission and state law requirements

II. Procedures and formalities of rescission or cancellation

III. Grounds for rescission

IV. Bad faith rescission

V. Strategies for policyholders

VI. Strategies for insurers

Benefits

The panel will review these and other issues:

  • What is the required procedure for seeking rescission?
  • What types of proof can or must an insurer rely on to seek rescission?
  • Is rescission effective for innocent insureds and third parties?
  • What are the badges of "bad faith" in rescission? Can the insurer waive the right to rescind?
  • What are the insurer's duties upon rescission?