Prior policy applications found relevant to claim for rescission

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted March 21, 2023 11:11 AM

The U.S. District Court for the Northern District of Illinois, construing Illinois law, recently evaluated the pleading requirements for an insurer seeking to rescind an insurance policy. In doing so, it held that an insured’s prior applications for coverage could be relevant to whether a misrepresentation was made in the application for the policy sought to be rescinded. The case is Call One Inc. v. Berkley Insurance Co., 2023 U.S. Dist. Lexis 21757 (Feb. 9). The insured, Call One, was represented by the Goodman Law Group …

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