Retroactive Rescission: Calif. Takes A Step Backward
Case law reveals that while most prospective insureds accurately disclose all information sought on the application, others omit key data or provide false responses that are discovered only later, during the investigation of a particular claim during the contestability period. (Matilla v. Farmers New World Life Ins., 960 F.Supp. 223, 224 (N.D. Cal.1997).)
Historically, carriers rescinded coverage, seeking...
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