Read the following excerpt from a US court opinion:
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would have acted had it known the true facts is “one of fact requiring testimony by the insurer’s representatives” that implicates “the subjective view of what a particular insurer would or would not have deemed material if it had known the true facts.” Singer, 512 So.2d at 1129 (discussing the earlier version of section 627.409 but concluding that this determination is subjective in nature and thus requires witness testimony). Florida courts have granted summary judgment in favor of insurers where an insured’s misrepresentation on an insurance application was , “of that character which the court can say would reasonably have affected the insurer’s judgment as to the nature of the risk and amount of premium.” Id. at 1128 (citation omitted); see also Salgado, 22 So.3d at 596-97, 604 ; Kieser v. Old Line Life Ins. Co. of Am., 712
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing an insurers right to rescind an insurance contract where the insured has made fraudulent or material misrepresentation in insurance application
B. holding that defendant insurance company could not be held liable in negligence to a plaintiff for failure to disclose the insureds medical condition where defendant insurance company had not assumed a professional and expert position with respect to the insureds physical condition
C. holding that insurance company could sue in insureds name following assignment of insureds interest against tortfeasor
D. holding an insurance company waived the right to rescind coverage when it continued to accept premiums with knowledge of grounds for rescission
E. holding that insureds failure to list his brother as a member of the household was a material misrepresentation that provided the insurance company with grounds to rescind the policy
Reply with [A, B, C, D, E] only.