Proof: Burden of Proof: Rescission of Acceptance
UEF v. Big Sky Petroleum, Montana State Fund, and Melvin J. Strong [4/29/04] 2004 MTWCC 39 Where insurer seeks to rescind its acceptance of claim on account of fraud or misrepresentation, it bears the burden of persuading the Court that fraud occurred and that the fraud was material to the acceptance. |