Presbytery of New Covenant, Inc. v. First Presbyterian Church of Houston

How courts have described this case

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

• holding that remand was required in order for the trial court to determine whether, in its discretion, rescission of the insurance policy was available
• holding that an insurer that defended a cause of action against it under the no-fault act may “avail itself of any common-law defenses” unless “clearly prohibited by statute”
• recognizing that a rescinded contract is treated as having never existed
• recognizing that a rescinded contract is treated as having never existed
• holding that even though an insurance contract was rescinded between the insurer and the entity that took out the insurance, the same contract may not have been rescinded between the insurer and a third-party beneficiary of the insurance contract
• noting that common-law defenses may be raised to rescind no-fault policies

Source: CourtListener parenthetical corpus (CC0).