Delaware High Court Uses Fault-Based Test In Fraud Suit Seeking Return Of Premiums

Mealey's (September 1, 2022, 4:53 PM EDT) -- WILMINGTON, Del.  — In what it called a “matter of first impression,” the Delaware Supreme Court on Aug. 25 affirmed in part a lower court’s decision precluding evidence of a company seeking return of premiums it paid on a void insurance policy, finding that the lower court correctly excluded evidence about industry standards at trial, but reversed and remanded the decision regarding restitution, finding that the lower court failed to consider whether the issuer or buyer of the policy had “actual knowledge or inquiry notice” of the policy’s invalidity....

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