Pokestake,
On the face of the matter, your conclusion would probably be correct.
But in reality, GTEM LIED in its application for renewal of the policy. It is a pain the butt to cut and paste from the document, somehow the letters get screwed up in the process and it is a hardship to correct it. But if you read the document, at the bottom of page 10 and most of page 11, it talks about how Carolina believes it inconceivable that GTEM officers renewing the policy would not have known about the SEC investigation. The policy then continues to say:
"If any person or persons knew as of the Policy inception date that such declarations and statements contained in the Proposal form were untrue, inaccruate or incomplete then this Policy will be void as to that person or persons."
If Carolina took in premiums based on the supposed truthful statements made by GTEM officers, then found out that those statements were made in bad faith.....It's right there in the policy. They have the right to rescind the whole thing.
Then I would imagine ANOTHER lawsuit would be filed by GTEM, asking for the return of any premiums paid. Unless there is verbage in regards to THAT in the policy. Unfortunately, we do not have the exact policy in front of us....just segments from it which are quoted in the letter from the lawyers.
I keep telling myself....deep breath....count to ten....try to answer without personal attack...present fact to back up your opinion.