| Author |
Message |
William S. Cook (Wscook)
| | Posted on Saturday, September 29, 2001 - 11:57 pm: | |
Horace
I am not sure of the which of the laws that may apply. It may be just to liablility policies only, it may just be to notice of loss only. I was in hopes that a NY adjuster could answer the question as NY has very strict compliance requirements somewhere that can be punitive to an insured if not properly addressed.
William S Cook
Public Adjuster |
Horace Smith
| | Posted on Saturday, September 29, 2001 - 2:18 pm: | |
Under the previous lengthy thread on WTC issues, Bill Cook, the PA, has inquired about the filing of Proofs of Loss and whether NY statutes will be invoked to allow carriers to deny claims when a specified time period (for filing proofs) has elapsed.
I know nothing about the NY statutes but the policy forms seem to offer quite a bit of flexibility. For instance the CP 00 10 (edtion of 10 91) says:
3. Duties in The Event Of Loss Or Damage
a. you must see that the following are done in the event of loss or damage to covered property:
(7) Send us a signed sworn proof of loss containing the information we request. You must do this within 60 days after our request. We will supply you with the necessary forms. (end)
As we know many carriers never request a proof, or, at least, do not request one until the damages are determined and agreed figures have been reached or attempts have been made to reach agreed figures.
Even should a carrier attempt to invoke the policy language above, the sixty day period would not start running until the carrier first made a formal request for the document and and also furnished the proper forms to the insured.
What is more likely to happen, regarding proofs, is that should a carrier sit on a received proof beyond 30 days (this CP 00 10 form) without formally rejecting same, the carrier will be found to owe the claimed amount. If I were a PA, I would be bombarding the carriers with proofs promptly and accurately. |
|
