Changes (Maybe) to South Carolina Life Insurance Rescission Procedure

Nelson Mullins Riley & Scarborough LLP
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Changes may be on the horizon in South Carolina for the procedure for life insurers seeking to rescind policies based on material misrepresentations in the application. The South Carolina Legislature is considering adding a provision to the Insurance Code providing that rescission can occur only if either (a) there is a mutual rescission agreement executed by all parties, or (b) the insurer initiates a court proceeding for rescission. This is consistent with the pronouncement by the South Carolina Department of Insurance in Bulletin No. 2019-02 that unilateral rescissions are impermissible under South Carolina law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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