LA Sound USA, Inc., et al vs. St. Paul Fire & Marine Insurance Company
Year 2008
Court California Supreme Court
Case Number S159342
  • Rescission
  • California

Letter brief supporting Petition for Review. The underlying decision improperly provides the insurer with a means to rescind policies and thereby avoid its policy obligations without first demonstrating that the insured intended to defraud the insurer. Furthermore, allowing rescission of the policy without restitution of policy premiums to the insured contravenes well settled statutory and case law and further abridges the rights of policyholders.