However, the latter group should tread lightly as New York courts have
made clear that insurers are liable for any consequential damages they
cause by improperly denying or delaying payment under property damage
and business interruption policies, even in the absence of bad faith.
Thus, insurers must carefully analyze every situation, consider deciding
close calls in favor of their policyholders, and do whatever they can
to get covered dollars in their policyholder's hands as soon as possible.
In Bi-Economy, a policyholder alleged that it was entitled to consequential
damages because its insurer improperly delayed coverage under its property
damage and business interruption coverage after a fire damaged its facility.
The policyholder further alleged that its insurer's inaction ultimately
led to the collapse of its business.
The trial court dismissed the claim, and the Fourth Department affirmed,
because "the insurance policy expressly excluded coverage for consequential
losses, and thus it cannot be said that consequential damages were contemplated
by the parties when the contract was formed."
The Court of Appeals reversed. Taking a cue from the 1854 decision in Hadley
v. Baxendale, the court held that the insurer, the breaching party, "is
liable for those risks foreseen or which should have been foreseen at
the time the contract was made." The court found that the policy's
consequential loss exclusion precluded coverage of consequential loss
under the policy but did not bar significant loss claims against the insurer
for breaching the policy.
The court remarked that the critical element, and perhaps the only element,
is foreseeability — not bad faith. And, that with property damage
and business interruption policies, consequential damages are inherently
foreseeable because, as the Bi-Economy court noted, the very nature and
purpose of those policies — to receive coverage promptly in the
wake of a covered event so that businesses can "get back on [their]
feet as soon as possible" — is enough to satisfy the foreseeability element.
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| who must have e & o insurance |
| by law a health insurance plan must cover work-related injuries |
| at what time must a policyowner have insurable interest on the insured
in order for the life policy to be valid |
| an insurer must offer a long-term care policy or certificate that |
| a life insurance application must be signed by all of these except |
| must know p&c insurance |
| true or false by law a health insurance plan must cover work-related injuries |
| to be valid an insurance policy must have all of the following except |
| a life insurance policy wagering contract must be |
| long-term care insurance must be sold using what type of approach |
| p&c insurers predictive modeling is a must |
| in florida monthly-premium health insurance policies must provide a grace
period of at least |
| to sell variable life insurance policies an agent must receive all of the
following except |
| within how many days of requesting an investigative consumer report must
an insurer |
| under a group plan certificates of insurance must include all of the following except |
| for those individuals who opt not to purchase a nonforfeiture benefit insurers
must offer |
| if your driver license and license plates were suspended for not having
insurance under the florida no-fault law you must |
| all of the following provisions must be included in life insurance policies except |
| most often an insurance deductible must be fulfilled |
| an eligible individual who would like to obtain group health insurance
without providing evidence of insurability must |
| in order to qualify for disability insurance under social security a person must be |
| a producer agent must do all of the following when delivering a new policy
to the insured except |
| which of the following provisions must be included in a long-term insurance policy |
| a long-term care insurance shopper's guide must be provided in the
format developed by the |
| how often must life insurance surplus be distributed to policyowners |
| in order for coverage on a non-medical insurance application to take effect
the same day the producer must collect a signed application and |
| an insurer must notify an applicant for ltc insurance within |
| a montana state court can exercise jurisdiction over endurance insurance
corporation an out-of-state defendant but the defendant must have |
| when must an outline of coverage be given to a prospective applicant for
long-term care insurance |
| to attain currently insured status under social security a worker must
have earned |
| how often must domestic insurance companies be examined by the chief financial
officer in florida |
| after an insured gives notice of loss what must he/she do if the insurer
does not furnish forms |
| in order to qualify for long term care insurance a person must be unable
to perform |
| cobra of 1985 provides that a company with 20 or more employees must provide
extended healthcare insurance to terminated employees for up to |
| anytime you renew your car insurance fail to renew it cancel it or the
insurance company cancels it the insurance company must notify |
| insulating equipment must be inspected for damage |
| in order to reinstate a life insurance policy the insured must do all of
the following except |
| upon delivery of a rated life insurance policy the producer must obtain
each of the following except |
| a corporation llc partnership must have e&o insurance for entity and
employing broker |
| at a minimum partnership-qualified long-term care insurance policies must
be issued as |
| must i insulate pex tubing |
| when must an outline of coverage be delivered to a prospective ltc insurance
policyholder |
| when an insurer terminates an agent's appointment the insurer must
do all of the following except |
| when an insurance company requests an attending physician's report
the request must be accompanied by a |
| in order for an insurer to legally transact insurance it must obtain which
of the following |
| when previously cooked refrigerated food is being re-heated for serving
what temperature must be reached to insure safety |
| what is the minimum number of activities of daily living adl an insured
must be unable to perform to qualify for long term care benefits |
| what must the policyowner provide to the insurer for validation that a
loss has occurred |
| what is the amount of money that the policy holder must pay before the
insurance company will reimburse an insured loss |
| in florida insurance 30days must respond |
| in order to take out a life insurance policy on the life of another you
must quizlet |
| long term care insurance policies must cover which of the following quizlet |
| in new york how must all medical expense health insurance sold to be rated quizlet |
| insurance policies typically stipulate a deductible amount which the insured
must shoulder |
| when must insurable interest exist in a life insurance policy quizlet |
| by law a health insurance plan must cover work-related injuries quizlet |
| how much advance notice must an insurance company give that it intends
not to renew your coverage |
| sorn vehicles must be insured |
| answers.com if your driver license and license plates were suspended for
not having insurance under the florida no-fault law you must |
| paid |
| insurance claims |
| pay |
| back pay |
| paying |
| payment |
| legal expenses |
| reimburse |
| refunds |
| refund |
| back taxes |
| unpaid taxes |
| full payment |
| legal costs |
| insurance claim |
| unpaid bills |
| refunded |
| legal fees |
| outstanding debts |
| reimbursed |
| overpayment |
| nonpayment |
| legal bills |
| overpayments |
| late fees |
| tax authorities |
| full amount |
| court costs |
| reimbursements |
| remaining balance |
| attorney fees |
| escrow account |
| outstanding debt |
| entire amount |
| tax debt |
| legal bill |
| compensation payments |
| non-payment |
| severance pay |
| back wages |
| cash payments |
| reimbursement |
| other creditors |
| severance payments |
| payments |
| other debts |
| reimbursing |
| final payment |
| insurance company |
| additional payments |
| delinquent taxes |
| unsecured creditors |
| monies |
| policy holders |
| lost wages |
| filing fee |
| lost earnings |
| late payment |
| medical expenses |
| underpaid |
| cleanup costs |
| overcharged |
| cash payment |
| collection agency |
| arrears |
| compensation |
| back rent |
| court fees |
| financial compensation |
| tax refunds |
| sale proceeds |
| repayments |
| backpay |
| policyholders |
| personal expenses |
| additional taxes |
| hmrc |
| civil penalty |
| immediate payment |
| such expenses |
| insurance carrier |
| tax refund |
| parking tickets |
| medical bills |
| tax debts |
| severance package |
| refunding |
| lost income |
| insurance policy |
| excessive fees |
| license fees |
| compensation package |
| bonus payment |
| us taxpayers |
| federal income taxes |
| attorneys fees |
| payment plan |
| overdraft fees |