Federal Judge Refuses To Dismiss Insurer’s Suit Seeking Rescission Of D&O Policy

Mealey's (September 12, 2022, 1:31 PM EDT) -- SAN JOSE, Calif. — A federal judge in California on Sept. 7 denied an insured’s motion to dismiss an insurer’s lawsuit seeking a declaration that a directors and officers insurance policy is rescinded or otherwise void ab initio because of the insured’s material misrepresentations, finding that the insurer stated a plausible declaratory relief claim insofar as it has pleaded factual content that permits the court to draw a reasonable inference that the insured is liable for the alleged fraudulent misconduct....