ATLANTA—Womble Bond Dickinson attorney Aaron Pohlmann has contributed the Georgia state chapter to the DRI Insurance Policy Rescission Compendium.
This compendium, which surveys the law on insurance policy rescission in all 50 states, the District of Columbia, and 10 provinces in Canada, is a comprehensive resource for insurance carriers, claim professionals, defense and coverage counsel, and the judiciary.
Pohlmann’s chapter addresses such questions as:
- What is the required procedure for seeking rescission?
- If there is no required procedure, what are the acceptable or customary procedures for rescission?
- What types of proof can or must an insurer rely on to seek rescission?
- Does an actionable misrepresentation in a policy application render the policy voidable or void ab initio?
- Upon a showing of the requisite elements of rescission, is rescission effective as to innocent insureds and third-parties?
- Are there any statutory or regulatory time limits on seeking rescission of a policy?
- What is the requirement for an insurer to be considered to have waived its right to rescind the policy, and what other equitable defenses are available to insureds? And
- Under what circumstances must an insurer refund the premiums to the insured when rescinding a policy, and when must the refund be dispensed?
Aaron Pohlmann focuses his practice in the areas of ERISA, employee benefits, employment, and life, health, and disability insurance litigation. Since completing a federal judicial clerkship, he has represented employers, ERISA plan fiduciaries, third-party administrators, insurers, and managed healthcare entities in a wide variety of litigation. Pohlmann has extensive experience in Georgia federal and state courts, and regularly manages matters in Alabama, Louisiana, North Carolina, South Carolina, Tennessee and Virginia courts.