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Damned If You Don’t: Ninth Circuit Enforces D&O Policy Rescission for Correct Answer on Policyholder’s Application

Sometimes you just can’t win. Under the law of most states, the doctrine of rescission provides that when a policyholder gives a materially misleading answer on an application for insurance, the court may hold it void ab initio, meaning the policy is unenforceable from the outset, as if there had…