More of you than I can respond to wish me a birthday. Thanks everyone. It was a nice day with my family, mostly at ZOOM, and a time to prove that I'm still going strong. Thanks again.
Because an arson is a fire, it is not an excluded danger in any insurance for first-party property. A arson is never a defense to an insurance claim alone. Only when a fire chair is caused by the said insured, or any insured is involved in causing the fire to occur in order to deceive an insurer. In Eddie P. Bates v. Hartford Insurance Company of the Midwest No. 09-12840 (EDMich. 03/03/2011), the insurer attempted to deny coverage by claiming that the fire was a "vandalism." The insurer's efforts to avoid payment were defeated because the insurer designated vandalism and fire as separate hazards, but did not, as it did for vandalism, exclude "fire" after the home was vacant for more than 30 days. than 30 days.
As a result, the United States District Court of Eastern District of Michigan Southern Division found that plaintiff, Eddie Bates, was correct in asserting that defendant, Hartford Insurance Company of the Midwest, violated the parties' insurance agreement when it improperly declined his claims for payment under his fire insurance.
Bates owns a residential rental property in Detroit, Michigan, which was damaged by a fire on June 1
This case teaches that when asserting a political defense, it is imperative that the insurer reads the words in the policy and does not read words in the policy that is not there. Although a vandal, as part of his vandalism, could cause a fire, the most effective cause of the loss was fire. If the insurer wanted to avoid fire losses started by a vandal, it would be easy to write that exclusion in his policy.
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Barry Zalma, Esq., CFE, now restricts his practice as an insurance consultant specializing in insurance protection, insurance claim management, bad faith insurance and insurance fraud insurance companies almost equally. . He also acts as arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and insurance service 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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