Insurance claims often arise long after the expiration of an insurance policy that may still be required to provide insurance and compensation to the insured. The proof of such insurance has created a new and unique profession called insurance archeology. If the damage first occurred many years after the expiration or cancellation of an insurance policy and the insurance is lost or destroyed, the insured can still prove its existence and its contents by "an unsigned copy or by oral evidence."
See full video at https://youtu.be/mtEDyRq9e14  I Chatham v Occidental Life Insurance Company of California 248 Miss 328, 158 So.2d 735 (1963), cited court approval of the general well-established rule that an insurance policy may be canceled at any time before loss, by agreement between the parties, and that such cancellation may take place with the consent of the parties, expressed or implied from the circumstances regardless of the terms of the policy. When the insurance contract was actually terminated by agreement between the parties voluntarily and deliberately done when the lost insurance contract was signed and implemented. U.S. Pat. Fire Ins. Co. v. Coggins, 1
I Fulton Boiler Works, Inc. v. Am. Motorists Ins. Co ., 828 F. Supp. 2d 481, 490 (N.D.N.Y. 2011), the court found that the "clear and convincing" standard seemed appropriate to establish a lost policy but refused to explicitly take a position on the matter in a summary judgment. The question of which standard applies is irrelevant because the plaintiff could not meet any of the standards. Other courts have done much the same thing.
According to most state courts that have ruled on the issue, policyholders responsible for environmental damage are entitled to insurance coverage not only under the insurance that was in force at the time the damage was first discovered. , but also during any policy that prevailed during the often decades-long period when damages quietly occurred. Thus, if environmental damage occurred over a long period of time, a municipality (or any other party considered responsible for pollution) may be entitled to coverage for both defense and compensation under several, even points, insurances.
When presumed insured failed to determine the terms of the lost policy by even considering the evidence that it failed to establish bay. S ervants of Paraclete, Inc. v. Great American Ins. (D.N.M.1994) 857 F.Supp. 822, 828-829, the court found a letter from the insurer confirming the issuance of insurance, testimony from the insurer's business analyst on the type of insurance issued to the plaintiff, testimony from an insurer on the usual form of liability policy lost at the time the insurance was lost. was issued, written proof of exactly paid premium, and at least two of the insurer's probationary policies, considered together, sufficient to counteract the insurer's draft summary judgment]. [ Dart Industries v Commercial Union Ins. 92 Cal.Rptr.2d 174, 77 Cal.App.4th 916 (Cal. App., 2000)]
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Barry Zalma, Esq., CFE, limits now his practice of serving as an insurance consultant specializing in insurance coverage, insurance management, insurance operations and insurance fraud is almost equal for insurers 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 industry. He is available at http://www.zalma.com and firstname.lastname@example.org.
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