Insurers and agents beware: 'attachment statutes' enable insureds to obtain coverage despite misrepresentation
Article Abstract:
Insurance law in most states includes an attachment statute, which holds that any statements used to interpret an insurance policy in court must be included in and attached to the actual policy at the time the insured first receives it. This allows for insureds to defraud companies by withholding relevant information until after a policy has been delivered, after which time only the original policy, not the new information, can be used in court. If such information comes to light, the policy should be rewritten.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1995
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Can United States as non-insured end-run contract's time limitation clause?
Article Abstract:
The United States, despite its supposed ability to preempt state statutes of limitations and ignore federal statutes of limitations, has been unsuccessful in its attempts to sue insurers over issues for which the government is not a contractual party. Insurance attorneys can successfully argue that the US, though not a contractual party, is bound to any contractual limitations clauses in the insurance policy under question.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1996
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