Panel Majority Says Rescission Of Disability Policy Was Not Warranted

Mealey's (August 6, 2020, 12:53 PM EDT) -- SAN FRANCISCO — The majority of the Ninth Circuit U.S. Court of Appeals panel on Aug. 5 reversed a district court's ruling that a disability insurer was entitled to rescind a policy based on an insured's misrepresentations after determining that the record does not indisputably show that the insured made misrepresentations about his treatment for musculoskeletal problems (Great-West Life & Annuity Insurance Co. v. Michael Harrington, No. 18-55878, 9th Cir., 2020 U.S. App. LEXIS 24656)....