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Nonrescission Provision

Nonrescission Provision

Definition

A provision sometimes included within liability policies stating that the insurer cannot rescind the policy for any reason. Such provisions are often contained within Side A directors and officers (D&O) liability policies and, less frequently, in D&O policies written to cover privately held and nonprofit corporations. (Side A policies are those covering only the personal liability of the directors and officers rather than the liability of the corporation to indemnify them for their acts.) If an insurer rescinds a policy, it is treated as though the policy never existed, and the insurer must refund the full premium to the insured. Therefore, nonrescission provisions are advantageous for insureds.

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