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Insurance Agency Expert Witness On Recission Part 5

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.

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