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Raising the Stakes: Offsetting Costs and Fees Incurred to Rescind Life Insurance Policies

DRI: For the Defense

August 2017

Robert Lesko (Partner-New Jersey) has co-authored “Raising the Stakes: Offsetting Costs and Fees Incurred to Rescind Life Insurance Policies” for the August 2017 issue of DRI’s For the Defense. Courts of equity have always been empow­ered to preclude or to limit premium refunds in cases of rescission based on actual fraud, so they can and should apply equity in a fashion designed to pro­vide an incentive for complete candor. Rob posits that there is ample jurisprudence on which insurers may seek to rescind policies without refunding premiums in appropriate cases of intentional fraud. 

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