Im curious to know whether a carrier can deny coverage for lack of cooperation or no response from their insured and use that as an affirmative defensive to avoid paying a loss?
A responding company can assert denial of coverage as an affirmative defense. Per Rule 2-4, if they submit a denial of coverage letter to the appropriate party (advising them that coverage is being denied due to noncooperation or no notice, etc.), the case will be administratively closed as lacking jurisdiction (Article Second). You would be free to pursue the ‘uninsured’ party directly. If no such letter is submitted, the case will proceed to hearing. The arbitrator will consider the coverage defense and any evidence submitted to support it. He/She will either uphold or deny the defense. It should be noted that each State may have different ‘requirements’ that a carrier must comply with to uphold such a defense. Top of this page 27. Can I consent to allow an insured to file intercompany arbitration against my company who is a member, or file intercompany arbitration myself against an individual with their consent? I have a claim where the adverse insured does not have collision covera
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