Privilege Underwriters Reciprocal Exchange v. Clark

HARRIS, C.M., Senior Judge.

Appellant, Privilege Underwriters Reciprocal Exchange (“PURE”), filed an action for declaratory judgment seeking a determination that an excess liability policy issued to Appellees, Coy and Tabitha Clark, did not cover the Clarks’ son, Brigham Clark. PURE also sought rescission of the excess policy, alleging that there was a material misrepresentation made on insureds’ behalf during the application process when the Clarks failed to reveal that Brigham was a licensed operator living in the Clarks’ household. The action proceeded to a jury trial where the jury was…