Section 9.10 Waiver

• Library: Insurance Practice 2015

Usually, an insurer does not waive the right to rescind a policy based on a misrepresentation in the application by not acting promptly to rescind unless the insured can show prejudice as a result of the delay. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Sahlen, 999 F.2d 1532, 1537 (11^th Cir. 1993). Further, no waiver is effective unless it is knowing and intentional. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Seafirst Corp., No. C85-396R, 1987 U.S. Dist. LEXIS 14394 at 12...