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#11
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Quote:
"We will not pay for “loss” or damage caused by or resulting from covered property being shipped by the insured via 1st class mail. However, items sent by any common carrier where a signature of receipt is required would not be subject to this exclusion." If the carrier doesn't actually get a signature, the insurer cannot deny coverage if I shipped via a method that 'required' signature. The clause would have to state that the signature must be required and successfully obtained. I once had a case where the client's warehouse was burglarized and the insurer tried to deny the claim because the required alarm system was functional but not armed at the time of the break-in. The policy required that the insured have a functional alarm system but did not require that it be armed at the time of the incident or exclude coverage if the alarm system was not armed. Insurer ponied up once I pointed this out and threatened a bad faith case.
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Read my blog; it will make all your dreams come true. https://adamstevenwarshaw.substack.com/ Or not... Last edited by Exhibitman; 05-08-2024 at 05:31 PM. |
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