This is a partial part of the post and the full article is only available to subscribers. You can subscribe to “Excellence in Claims Handling” at barryzalma.substack.com/subscribe Barry Zalma In Federated Dep't Stores, Inc. v. Twin City Fire Ins. Co., 28 A.D.3d 32, 807 N.Y.S.2d 62 (2006), the First Department held that the insurer’s assumption of the defense without knowledge of the true facts was insufficient to stop the insurer from successfully disclaiming coverage upon learning the true facts. Since the insurer reserved its rights before disclaiming coverage, the insured’s argument that estoppel prevented the disclaimer failed. Estoppel (a rule that requires fairness and protects one party from being harmed by another party’s voluntary conduct) cannot be used to create coverage where none exists. Any reservation provided by the insurer is sufficient to prevent reliance upon the defense provided by the insurer should the insurer decide to disclaim later.
-
- EXPLORE
-
-
-
-
-
-
-
-
Sponsor
We are now 63% funded for September.
Thanks to everyone who helped out. 🥰
Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month
Căutare
Categorii
- Art
- Causes
- Crafts
- Crime
- Dance
- Drinks
- Film
- Finance
- Fitness
- Food
- Jocuri
- Gardening
- Health
- Home
- Literature
- Music
- Networking
- Paranormal
- Alte
- Politics
- History
- News
- Party
- Science
- Religion
- Shopping
- Sports
- SyFy
- Politically Incorrect
- Philosophy
- Theater
- Technology
- Wellness
Citeste mai mult
Failure to Timely Sue Defeats Claim
Private Limitation of Action Provision Enforceable
Read the full article at...
Never Delay Responding to Requests for Admission in Arizona
Never Delay Responding to Requests for Admission in Arizona
Requests for Admission Deemed...
Most Demanded Domains Of Subtitling Services In Modern Times
Different Types of Subtitling Services
Subtitling services are essential for the videos with the...
It’s not that we love Donald Trump so much. It’s that we can’t stand YOU.
If you can’t stand Donald Trump, and cannot possibly fathom why anyone would ever vote for...
What has made Christian believers so vulnerable to Bible tampering?
"Bear in mind, the Jewish Scriptures were written in Hebrew, not in seventeenth century King...