Tred R. Eyerly | Insurance Law Hawaii The Texas Court of Appeals affirmed the trial court’s granting of summary judgment to the insurer because the appeal failed to challenge the exclusion under which the insurer found no coverage. Sosa v. Auto Club Indemn. Co., 2022 Tex. App. LEXIS 6520 (Tex. Ct. App. Aug. 30,… Continue reading Insured’s Failure to Challenge Trial Court’s Application of Exclusion Makes Appeal Futile
Tag: Policy Exclusion
Policy Exclusions Must Be Narrowly Applied to Assure Policyholders Receive All Benefits Available
Tamara Chen-See | Property Insurance Coverage Law Blog | May 10, 2018 In a recent post, Policyholders May Benefit From All Their Coverages, I discussed the importance of carefully evaluating all the insurance benefits potentially available to policyholders if a catastrophic loss occurs. That blog examined the decision in Citizens Property Insurance Corp. v. Hamilton,1 which allowed recovery… Continue reading Policy Exclusions Must Be Narrowly Applied to Assure Policyholders Receive All Benefits Available
Can an Insurer Raise an Exclusion After the Denial Letter?
Christopher Nahas – November 27, 2013 Is an Insurer’s right to raise a policy exclusion waived when it fails to identify the exclusion in its denial letter or disclaimer? Not in New York. In fact, this is the case in most jurisdictions. Generally, the doctrines of waiver and estoppel are not applicable in the context… Continue reading Can an Insurer Raise an Exclusion After the Denial Letter?