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.

Analysis, Insurance policies, Insurance fraud, states

---

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.

United States, Cases, Contracts, Exclusive and concurrent legislative powers, Preemption (Legislative power), Limitation of actions, Statute of limitations

---

Similar abstracts:

• Abstracts: Inadequate limits of coverage: protecting the insured while avoiding excess exposure. Reinsurers may face danger in direct involvement in cedant's underlying case
• Abstracts: The intersection of CERCLA and RCRA: what companies should know. Environmental liability and its insurance in Germany

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.