La Sound USA, Inc. v. St. Paul Fire & Marine Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• distinguishing the situation where an insurer files a separate suit from where an insurer files the state court version of a counterclaim
• permitting rescission after insurer defended insured under reservation of rights until it discovered misrepresentation
• where an insurance policy is “void ab initio,” the insureds “never had any coverage under[the policy], and [the insurer] never had a duty to defend or indemnify them” (emphasis in the original)
• “When a 21 policyholder conceals or misrepresents a material fact on an insurance application, the insurer is 22 entitled to rescind the policy.”
• “As a matter of law, ‘if [an insurance] application was prepared by an insurance broker (the agent of the insured
• “[I]nsurers 25 seeking reimbursement must bear the analogous burden of showing which costs can be allocated 26 to the defense or indemnity of each particular insured.”

Source: CourtListener parenthetical corpus (CC0).