See the full video at https://youtu.be/fFhppjrhVMU  Cases that provide coverage despite an exclusion for latent defects usually fall into two categories. The Court finds either that:
- the defect could have been detected by appropriate testing and is therefore not latent; or
- the loss was due to an eligible risk.
"A policy will define latent defect" as "a hidden defect inherent in the material that existed at the time of the boat's original construction, which cannot be detected by standard observation or test methods." The word "inherent" requires that a latent defect is characteristic of or inherent in the material.The word "error" makes the exact opposite claim.It includes problems with a specific piece of material, but not problems that are characteristic of the material itself.In short, when the terms have a clear and reasonable meaning there can be nothing like an inherent deficiency. ”( Ardente v. Standard Fire Ins. Co. 744 F.3d 81
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to serving as an insurance consultant specializing in insurance coverage, insurance management, fraud and insurance fraud almost equally for insurance companies and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and email@example.com.
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