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Can a coverage exclusion be enforced by the insurance company, even if the exclusion has never been disclosed?

Kernersville, NC |

I live in NC, have a condo homeowners policy. I updated the policy in March 2012 and have never received a copy of the policy since. The insurance company has had my address wrong on several occasions since that time. When the update was made, it was made clear to me, due to questioning that my condo would be covered for damage by fire, water, etc and any residual damage that may occur due to the event. I filed a claim recently for water damage and the company wants to deny the claim. Is it legal to deny a claim on an exclusion, even though, the exclusion was never disclosed either verbally or in writing?

Attorney Answers 2

Posted

The answer is: it depends. If you knew that the policy was revised then you do have some responsibilities. My suggestion would be to show your policy to an insurance lawyer in your area as to how to proceed.

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Posted

No, an insurance company can not apply an exclusion that it has not provided you with notice of the provision. I was involved in obtaining a bad faith judgment against a carrier that did not provide a copy of an insurance policy until after the loss occurred. The 7th circuit affirmed our position and a 1.2mm judgment.

This response is for information purposes only, it does not constitute, nor does it create, an attorney-client relationship between Halloin & Murdock, S.C., WWW.HalloinMurdock.com, or Anthony Murdock.

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