A Video Explaining Some Appellate Decisions on the Equitable Remedy of Rescission

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Resure, Inc. v. Superior Court

In Resure, Inc. v. Superior Court, 42 Cal.App.4th 156, 49 Cal.Rptr.2d 354 (Cal.App. Dist.2 01/31/1996) the California Court of Appeal dealt with a problem raised by statute and who won the race to the courthouse. Resure, Inc., filed a complaint for rescission and declaratory relief against respondents Dan Palmer and Geoffrey Palmer, doing business as G. H. Palmer Associates. The complaint alleged that the Palmers misrepresented material facts or failed to disclose facts concerning potential claims in their application for insurance which would have affected Resure’s decision to underwrite coverage. Resure’s offer to rescind and restore the premiums was stated in the complaint, but not in any notice or letter sent prior to filing it. Resure moved for summary judgment based on its claim for rescission.

Also see descriptions of other cases dealing with the equitable remedy of rescission.