Here is a life insurance case wherein the insurance company attempts to have the Court agree to rescission of the policy. It is a 2021, opinion from the Southern District of Texas, Houston Division. The opinion is styled, Pruco Insurance Company v. Blanca Monica Villarreal – Transamerica Life Insurance Company v. Blanca Monica Villarreal.
This opinion regards both sides filing motion for summary judgement. The case involves millions of dollars of life insurance. The facts of the case are long and detailed and the opinion should be read to understand the facts. The case also deals with many issues. The issue discussed here has to do with rescission.
The insurer claim there are undisputed facts that show material, intentional misrepresentations made in the application for insurance, warranting rescission as a matter of law. A material fact is one that might affect the outcome of the suit
under governing law,” and “a fact issue is genuine if the evidence is such that a reasonable jury could return a verdict for the non-moving party.