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The Full Nelson – Innocent or Not?

Motor Vehicle Litigation / January 20, 2021

Nelson illustrates the old saying, “you may have won the battle, but lost the war.” With the Court of Appeals affirming the trial court’s determination regarding Plaintiff’s material misrepresentations, the only real issue on remand is whether Plaintiff can establish that she is an innocent third-party. If so, then the trial court must apply the Pioneer factors in order to determine whether Progressive may rescind the policy. Please cross-reference for additional discussion regarding the five-factor balancing test.

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