Avoiding denial of coverage on your insurance claim: Know what you paid for
Another allegedly weather-related crane collapse occurred in
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
The aggrieved insured parties resorted to litigation seeking a declaration that the insurer was obligated to provide coverage (
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
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.


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