McDOWELL v. ALLSTATE VEHICLE AND PROPERTY

No. 21-0603.

881 S.E.2d 447 (2022)

Damon McDOWELL, Mary McDowell, and Deeanna Lawson, Petitioners, v. ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY and Patrick O. Hambrick, Jr., Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 17, 2022.


Attorney(s) appearing for the Case

Erwin L. Conrad, Esq. , Conrad & Conrad PLLC, Fayetteville, West Virginia, Counsel for the Petitioners.

Brent K. Kesner, Esq. , Ernest G. Hentschel, II, Esq. , Kesner & Kesner, PLLC, Charleston, West Virginia, Counsel for the Respondents.


West Virginia Code § 33-6-7(b) and (c) (1957) permit an insurer to rescind a policy if the insurer establishes that the application for the policy contains answers that are false and were material to the insurer's decision to issue the policy.

In this appeal from the Circuit Court of Fayette County, homeowner...

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