Avoiding denial of coverage on your insurance claim: Know what you paid for - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
April 28, 2016 Newswires
Share
Share
Post
Email

Avoiding denial of coverage on your insurance claim: Know what you paid for

Westchester County Business Journal (NY)

Another allegedly weather-related crane collapse occurred in New York City on Feb. 5 that resulted in property damage, personal injury and most tragically, a loss of life. It is expected that multiple firstparty and third-party claims will be filed by the business entities affected by the incident for losses that may include business interrupi i and property damage.

It is also reasonable to anticipate that any of these businesses dealing with the daunting experience of the aftermath - the cleanup, investigations and overall damage control - would least expect that an adverse determination from their own insurance company would delay a return to normal business operations. Unfortunately for any one of them, * that could be the case.

The insurance companies will certainly honor a loss that is expressly contracted for in the insurance contract. Conversely, they will deny a claim that is not, or is otherwise exempted by an exclusion. This holds true irrespective of the numbers of businesses and individuals aggrieved by an occurrence or the magnitude and extent of a loss.

Illustrative of this point is a memorable occurrence reminiscent of the crane collapse of recent days. In 2012, Hurricane Sandy allegedly contributed to a partial crane collapse in midtown Manhattan, which resulted in losses that included damage to a mixed-use building to which the tower crane was affixed and the tower crane itself. A multimillion-dollar claim was submitted to a builder's risk policy by the property owner and construction manager for the project. Coverage was denied on the basis that the tower crane did not constitute covered property as defined by the policy or alternatively was excluded property.

The aggrieved insured parties resorted to litigation seeking a declaration that the insurer was obligated to provide coverage (Lend Lease (US) Construction LMB Inc. et al v. Zurich American Insurance Co. et al). The state Supreme Court disagreed, essentially concluding that the tower crane was property of a nature that differed from the policy's definition of covered property, a decision that was upheld by a divided state appellate court last December.

In essence, insured parties must understand the fact that proof of payment of premiums does not establish entitlement to coverage. The coverage purchased is provided through an insurance contract which, contains terms, conditions and definitions, as well as limitations to and express exclusions from coverage. Collectively, these definitions, limitations and exclusions can and do create gaps in coverage for an unwary insured.

While it is unlikely that all potential variations of risk can be anticipated by an insured, the insured is in the best position to appreciate and contract for the risks he appreciates and intends to protect him and his company against.

If an insured's self-help efforts prove unsuccessful in getting the insurer to reconsider the position taken in a dreaded denialof-coverage letter, ultimately the burden is that of the insured to establish entitlement to coverage in the first instance. The New York State courts, in adjudicating such a dispute, will rely on well-settled principles of contract interpretation.

The most paramount of those is that clear language in the insurance contract will be afforded its commonly used meaning and that otherwise unequivocal language will not be construed in a manner to extend coverage for an insured that does not exist. Conversely, any contract language that is ambiguous or susceptible to two reasonable interpretations will be construed against the drafter and in favor of the insured.

The important takeaway is that no business that pays premiums for an insurance policy should make any assumptions about what is "covered" in the insurance contract. Rather, the insurance contract should be read and if there are any doubts, inquiries should be made to either an insurance or legal professional. Concerns that a particular risk is not adequately contemplated in the procured coverage can be potentially cured by including special endorsements to the contract.

Spending the extra time, effort, and, if necessary, additional money up front when purchasing business insurance can help ensure a timely return to business as usual when calamity strikes and can also help avoid protracted and costly coverage disputes.

Melissa Cintron is a partner in the insurance defense and corporate and real estate practice groups at Harrington, Ocko & Monk, LLP in White Plains. For more information, visit homlegd.com or call her at 914-686-4800.

Older

SNFC buys First Guaranty

Newer

Reduced Survival in Bariatric Surgery Candidates Delayed or Denied by Lack of Insurance Approval

Advisor News

  • Using digital retirement modeling to strengthen client understanding
  • Fear of outliving money at a record high
  • Cognitive decline is a growing threat to financial security
  • Two lessons career changers wish they knew before starting the CFP journey
  • Americans less confident about retirement as worries grow
More Advisor News

Annuity News

  • CareScout Joins Ensight™ Intelligent Quote LTC & Life Marketplace
  • Axonic Insurance Annuities, Built for Banks, Broker-Dealers and RIAs, Now Available through WealthVest.
  • Allianz Life Adds New Accumulation-Focused Fixed Index Annuities
  • Allianz Life adds new accumulation-focused FIAs
  • Industry objects to ‘tone and tenor’ of draft NAIC Annuity Buyer’s Guide
More Annuity News

Health/Employee Benefits News

  • After health insurance subsidies end, 30,000 Idahoans will be uninsured, government report says
  • Georgia’s ACA enrollment plunges, raising concerns for rural hospitals
  • Pending cuts to Georgia Medicaid payments could affect children who need therapy
  • Orange schools, teachers union at impasse over health insurance
  • Miami judge sides with cancer patient, orders insurer to cover pricey treatment
More Health/Employee Benefits News

Life Insurance News

  • Agam Capital and 1823 Partners Announce Strategic Partnership to Provide Life Insurers with an End-to-End Value Chain Solution
  • AM Best Revises Outlooks to Positive for Western & Southern Financial Group, Inc. and Its Subsidiaries
  • Principal Financial Group Announces First Quarter 2026 Results
  • SBLI Enhances its OmniTrak Term to Deliver Faster Decisions, More Client Coverage, and Improved Pricing
  • Life insurance premium surges, but coverage is still falling short for many
More Life Insurance News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Protectors Vegas Arrives Nov 9th - 11th
1,000+ attendees. 150+ speakers. Join the largest event in life & annuities this November.

A FIA Cap That Stays Locked
CapLock™ from Oceanview locks the cap at issue for 5 or 7 years. No resets. Just clarity.

Aim higher with Ascend annuities
Fixed, fixed-indexed, registered index-linked and advisory annuities to help you go above and beyond

Unlock the Future of Index-Linked Solutions
Join industry leaders shaping next-gen index strategies, distribution, and innovation.

Leveraging Underwriting Innovations
See how Pacific Life’s approach to life insurance underwriting can give you a competitive edge.

Bring a Real FIA Case. Leave Ready to Close.
A practical working session for agents who want a clearer, repeatable sales process.

Press Releases

  • RFP #T01325
  • RFP #T01325
  • RFP #T01825
  • RFP #T01825
  • RFP #T01525
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet