Expert Witness Blog
In his article Insurers: To Rescind Or Not to Rescind?, insurance agency expert witness Akos Swierkiewicz writes:
The insurer cannot reasonably rely on a fact received from the insured alone if it is aware of a conflicting fact.
• Did the insurer rely on it?
There must be clear evidence to demonstrate that the insurer did rely on materially false facts when making its underwriting decision.