California Supreme Court Issues Ruling With Broad Implications For Property Insurers

Topics:
Property
Tags:
Business Operations,
California Supreme Court,
Corporate Insurance,
Insurance,
Insurance Company,
Shaw Pittman
Source:
Shaw Pittman

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Overview: This article discusses issues ruling with broad implications for property insurers. An insurer that denies a claim on the ground that it does not exceed the deductible may be stopped from asserting the statute of limitations as a defense. The decision is potentially significant in a number of respects. The decision holds insurers to an exceptionally high standard in loss adjustment and investigation, and implies that an insurer’s evaluation of a claim must be accurate, or it may be stopped from asserting a statute of limitations defense when the claim is later resubmitted. The investigation of a re-submitted claim may be complicated by the passage of time, and the potential for fraud is necessarily increased.

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Format: PDF | Size: 79KB | Date: Dec 2001 | Pages: 2


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