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Guzman v. Allstate Assurance Co.

Court: ND Tx  02/16/2023  Following Bench Trial, Court Enters Judgment Rescinding Life Insurance Policy

A magistrate for the Northern District of Texas entered a judgment rescinding a life insurance policy, holding that the evidence presented at a bench trial established the elements of the insurer's rescission defense and regardless of whether intent to deceive is a required element of the insurer's rescission defense pending the Texas Supreme Court's anticipated review of Arce v. American National Insurance Co., 633 S.W.3d 228 (Tex. App.—Amarillo 2021, pet. granted), the evidence at trial showed that the insured intentionally misrepresented his smoking history and history of seizures.

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