Judge Denies Dismissal In Insurance Rescission Suit, Cites Coverage Defenses

Mealey's ( February 2, 2023, 11:12 AM EST) -- CHICAGO — An Illinois federal judge denied an indoor adventure park’s dismissal motion in a suit filed against the park by its insurer, seeking to rescind the policy issued to the park, regarding its duty to defend the park in a separate, underlying negligence suit, finding that regardless of whether the park’s representative signed the insurance application, the motion should be denied because the insurer’s second amended complaint (SAC) alleges sufficient reasons for policy rescission....