West Virginia High Court Reverses Judgment For Insurer In Policy Rescission Row

Mealey's (December 6, 2022, 4:06 PM EST) -- CHARLESTON, W.Va. — The West Virginia Supreme Court of Appeals reversed a lower court’s decision granting summary judgment to Allstate in a breach of contract and unfair practices suit filed against it by an insured homeowner after Allstate rescinded his homeowners policy for alleged misrepresentations on the policy application, finding that issues of fact remain regarding whether a policy question related to occupying the house within 30 days “was material to Allstate’s issuance of the policy.”...

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