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A video explaining some appeal decisions on fair redress



See the full video at https://youtu.be/VCvRj0DsWoo

Resure, Inc. v. Superior Court

I Resure, Inc. v. Superior Court 42 Cal.App.4th 156, 49 Cal.Rptr.2d 354 (Cal.App. Dist.2 01/31/1996) the Court of Appeal of California dealt with a problem which was raised and which won the race to the courthouse. Resure, Inc. filed a complaint for revocation and declaratory relief against respondents Dan Palmer and Geoffrey Palmer, who did business as G. H. Palmer Associates. The complaint alleges that Palmers misrepresented material facts or failed to disclose facts about potential claims in its insurance application, which would have influenced Resure's decision to guarantee coverage. Resure's offer to cancel and restore the premiums was stated in the complaint, but not in any notice or letter sent before it was submitted. Resure was moved for a summary judgment based on its claim for revocation.

The legislature did not state, as the plaintiffs claimed in the case Resure that it intended to abolish the insurers' right to revoke. Since this language did not exist, the court reasonably concluded that the only rational decision to be drawn from the legislator's choice of words was that the legislature did not understand that "document on the contract" constituted a fair measure to terminate an insurance contract. Rather, it meant only describing a law that was brought by law to enforce the insurance policy and get the benefits that the insurance promised as damages.

When an insured tries to avoid the effect of a revocation from an insurance company, it will claim that the insurer waives its right to cancel or abolish – through its actions – to claim a right to cancellation.

See also descriptions of other cases involving a fair remedy against revocation.


© 2020 – Barry Zalma


19659005] Barry Zalma, Esq., CFE, now limits his practice to working as an insurance consultant specializing in insurance coverage, insurance claims handling, infidelity and near-insurance insurance fraud. 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 zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

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