Powell v. Walker

KELLY, Judge.

In this case we are called upon to determine, among other issues, whether an automobile liability insurer may rescind an automobile policy after sixty days from its inception to prevent a claim by a third party. Pursuant to recent Superior Court precedent, we hold that the insurer cannot so rescind. Therefore, we affirm the trial court’s order requiring the liability insurer to compensate the third parties for injuries caused by the insured.

The parties stipulated to the following facts:

1. Charter Risk Retention Group Insurance Company [appellant] issued to Lucky Duck/555 Valley…