U.S. Federal District Judge Kenneth L. Ryskamp denied QBE Insurance’s “ Motion To Dismiss” a condo associations lawsuit against QBE for underpaying their insurance claim, from 2005 Hurricane damages.
Like all Insurance Companies QBE was playing word games, pretending that asking for endless request for information is a valid excuse to allow insurance companies to deny paying covered claims. They manufacture form letters and then they do the “flop”, You know where a player pretends he is injured to gain a penalty, they act like they have been hurt, prejudiced, and that the policy holders have somehow not cooperated with the insurance company or have committed such a horrid sin like not complying with “ Duties After Loss”, poppycock, it all part of their continuing attempt to defraud the American People, the injured, of their policy benefits.
The Federal Judge said, as to a creation of a disagreement, “ that at some point a lack of response to an insured’s attempt at fulfilling post-loss obligations may result in a de facto disagreement between the parties and notices of disagreements area constructive disagreement has “accrued” during the suit sufficient to satisfy the prerequisite for demanding appraisal,” or in other words, when an insurance companies send out endless and useless requests for information, then tries to deny a disputes exists, that excuse will no longer fly.
Post loss obligations can be meet after a suit is filed, and the only test that should be given any merit, is, was any late post obligation efforts prejudicial to the insurance companies, and where not, it is up the Insurance Company with all its money, resources and expertise to get claims adjusted right the first time.
U.S. Federal District Judge Kenneth L. Ryskamp totaled up the logic saying “Here, QBE has had both sufficient notice that Seagate disagrees with its valuation of the amount of the loss and ample time to meaningfully evaluate Seagate’s position. QBE’s reliance on the pre-appraisal obligations to deliberately avoid Seagate’s demand and forestall it the opportunity to conduct appraisal prevents an ‘honest effort to agree between the insured and the insurer,’
Insurance Companies want the money, not the claims.
see the case at the below link:
SEAGATE TOWERS CONDOMINIUM – QBE INSURANCE CORPORATION – ORDER