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A video explaining the "Loss Rule in Progress"



See the full video at https://rumble.com/vfbyrx-a-video-explaining-the-loss-in-progress-rule.html and at https://youtu.be/k2TWLiMdfw0 [19659003] "Loss in Progress Rule" has been described as follows:

At least one court has seen the ongoing loss rule as an attempt to "swallow up" the "expected or intended" exclusion. [ City of Johnstown v. Bankers Standard Insurance Company 877 F. 2d 1146 (2d Circuit, 1989).] The defense is independent of the exemption for losses "expected or intended" by the insured. A majority of states, unlike California, have violated the old marine rule under which a false representation of the fact that the insured motivated to be true automatically invalidated the coverage, regardless of the substantive misrepresentation. [ Danger and Fortuity, supra p. 795; Kenneth S. Abraham, A Theory of Insurance Policy Interpretation 95 Mich. L. Rev, 531, 532 (1996).]

In Chemstar, Inc., v. Liberty 1993 WL 13626320 the Court held that "since an insurance company can only insure against contingent or unknown risks of loss, an insurance policy issued after the "loss is in progress" does not cover such loss. "

Supreme Court of California, in Prudential LMI v. Superior Court 51 cal. 3d 674, 274 Cal. Rptr. 387 (1990). clarified that there is a strong difference between first and third party insurance. The Supreme Court of California stated:

As one court found, in the case of a first party applying the rule that only covers the actual occurrence of damage, no damage or injury occurred prior to the manifestation; the cause lies instead dormant until the latter causes noticeable damage. Ins. Co. of North America v. Forty-Eight Insulations, 633 F. 2d 1212, 1222, fn. 18.


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to serving as an insurance consultant specializing in insurance coverage, insurance management, insurance sentiment and insurance fraud almost [Insurance 593003] . 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.

For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become insured.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the library for insurance claims – https://zalma.com/blog/insurance-claims- [195659015] bibliotek / Read posts from Barry Zalma at https://parler.com/profile / Hymn / post; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/


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