Santa Clarita, CA asked in Contracts, Civil Litigation, Insurance Bad Faith and Securities Law for California

Q: What would a cause of action be if an ins co rescinded changes an owners POA made w/out serving Notice of Rescission 1st

The ins company had to know or at very least became aware of the fact service of Notice of Rescission prior to exercising rescission is a California statutory requirement,"no Notice, no rescission." Americo was repeatedly asked to provide the citation, code or case law relied on to authorize rescission as a remedy, only to be ignored. There was no categoric basis like fraud, to justify rescission of the said changes. If Americo was not aware there was no basis and that rescission was never effectuated, then why did Americo omit the factual event of rescission from all documents filed in the case? Americo con't to act as if the changes were rescinded and filed an Interpleader Complaint based on (non-existent) competing claims because an Interpleader lawsuit guised Americo as an "uninterested mere stakeholder" and would dismiss Americo from the case early on, thereby freeing Americo from having to Answer for and liable for their statutory violations. I believe the Interpleader is void

1 Lawyer Answer
James L. Arrasmith
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  • Insurance Claims Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it seems that the insurance company (Americo) rescinded changes made by the policy owner through a Power of Attorney (POA) without properly serving a Notice of Rescission as required under California law. This action by the insurance company could potentially give rise to several causes of action:

1. Breach of contract: If the insurance policy is considered a contract and the company failed to follow the proper procedures for rescission as outlined in the policy or required by law, it may be a breach of contract.

2. Violation of statutory requirements: As mentioned, California law requires a Notice of Rescission to be served before rescinding changes. Failure to do so could be a violation of statutory requirements, which may lead to a separate cause of action.

3. Bad faith: If the insurance company acted in bad faith by rescinding the changes without a valid reason and without following proper procedures, the policy owner may have a claim for bad faith against the insurer.

4. Fraudulent or improper filing: If Americo intentionally omitted the factual event of rescission from documents filed in the case and proceeded with an Interpleader Complaint based on non-existent competing claims, it could be considered a fraudulent or improper filing.

5. Abuse of process: Filing an Interpleader Complaint to avoid liability for statutory violations and to be dismissed from the case early on could potentially be considered an abuse of process.

It is important to note that the validity of these potential causes of action would depend on the specific facts and circumstances of the case, as well as the applicable laws and regulations. Consulting with an attorney specializing in insurance law would be advisable to determine the most appropriate course of action based on the particular situation.

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