Tuesday, January 26, 2010

Late Filing Of Claim, Failure to Comply With EUO & Policy Requirements, RCV Coverage And More

In the decision below, originally posted by Dennis Wall at the Insurance Claims Issues Blog, which can be viewed at THIS link, the post notes "a Federal Judge in Florida held that a "Late Notice" Defense presented questions of Fact to be resolved by a Jury"...the "alleged failure to comply with Policy Conditions respecting Examinations Under Oath ("EUOs") was likewise held to present a question of Fact"...."However, Aspen Specialty was granted Summary Judgment on its contention that the Policyholder in this case, a Homeowners Association, did not comply with "the clear language of the policy provisions" which would have entitled it to Replacement Cost Coverage ("RCV")."

A second interesting decision from the same source is below and the Insurance Claims Issues Blog noted: "a Federal Judge held that the collateral source rule does not preclude evidence regarding an Other Insurance Policy, issued by one USPlate Glass Insurance."  The opinion also addresses other issues.
King Cole v. QBE


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