The Fourteenth Amendment to the US Constitution
Insurance companies are considered to be persons operating in the United States and entitled to all rights, benefits and protection of the US Constitution . The Fourteenth Amendment contains a clear and unambiguous language:
No state may issue or enforce any law that curtails the privileges or immunities of US citizens; Nor may any State deprive any person of life, liberty or property without due process of law; nor deny any person within its jurisdiction equal protection of the laws.
If the law allows an insured to sue for damages as a result of a breach of good faith and fair conduct, equal protection should allow an insurance company to sue the insured for damages as a result of a breach of the same union. Some disputes cannot, according to our system of constitutional law, be more equal than others. Still, until the court approves, insureds are more equal than their insurers.
Although the courts may believe so, the policyholder's breach of the good faith and fair trade agreement may also be applied separately as a contract claim and that certain forms of Insured Negligence will terminate coverage under the insurance policy. ( Imperial Cas. & Indem. Co. v. Sogomonian (1988) 198 Cal.App.3d 169, 182.
© 2020 – Barry Zalma
Barry Zalma, Esq. , CFE, now limits his practice to serving as an insurance consultant specializing in insurance coverage, insurance management, insurance claims and insurance fraud almost equally for insurers and policyholders.It also serves as an arbitrator or mediator for insurance 44 years as California-related disputes. insurance coverage and claims lawyer and more than 52 years in the insurance industry, available at http://www.zalma.com and email@example.com
Mr Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud, creating the following library of books and other materials to make it possible. for insurers and their claims staff to become professionals in insurance claims.
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