RESCISSION

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Definition

Retroactive cancellation of coverage; generally prohibited except for fraud or intentional misrepresentation.


Summary

Rescission is the insurance company's power to retroactively cancel an insurance policy as if it never existed, erasing all coverage from the policy's start date. This is different from simply canceling a policy going forward. Rescission is heavily regulated and can only be used in cases of fraud or intentional misrepresentation by the policyholder, such as lying about medical history or other material facts during the application process.

Usage Context

Understanding rescission is crucial when studying insurance law, consumer protections, policy terms and conditions, and the rights and obligations of both insurers and policyholders.

Common Confusions

  • Thinking rescission and cancellation are the same thing
  • Believing insurers can rescind policies for minor mistakes or omissions
  • Confusing rescission with claim denial
  • Not understanding that rescission makes it as if the policy never existed