Some plaintiffs’ lawyers contend that rescission is “post loss underwriting” rather than the exercise of a legitimate equitable remedy as old as the common law. In California, one of the biggest proponents of the theory failed to overturn a legitimate rescission in Nieto v. Blue Shield of California Life & Health Insurance Co., No. B214669 (Cal.App. Dist.01/19/2010), proving that it is not only not nice to lie to your insurance company, it is fatal.
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