Asked by Aliya leblanc on May 07, 2024
Verified
Dash's auto insurance policy requires that he file a written notice of a claim with the insurance company within ten days of any damage in an auto accident or the insurance company may refuse to pay the damage claim.Dash has several accidents and always simply orally reports the damage to the insurance agent,and the insurance company pays the claim;however,on this occasion,after his failure to file a written notice of the claim,the company refuses to pay the claim.They cite the express language of the insurance policy.Is the insurance company correct? Discuss.
Written Notice
A formal notification provided in written form, used to inform parties about decisions, changes, or legal obligations.
Auto Insurance
An agreement between an individual and an insurer to cover financial losses related to car incidents.
Insurance Policy
A contract between an individual or entity and an insurance company, outlining the terms and conditions under which the insurer agrees to compensate the insured for specific losses.
- Decode the stipulations of contracts and the ramifications of failure to act in accordance with these stipulations.
- Critique legal arguments and outcomes in hypothetical contract law scenarios.
Verified Answer
ZK
Zybrea KnightMay 07, 2024
Final Answer :
The written reporting requirement is a condition subsequent and failure to meet it terminates the obligation of the insurance company;however,the repeated accepting of an oral report without objection creates a waiver of the written requirement,hence the company cannot now object and deny payment.
Learning Objectives
- Decode the stipulations of contracts and the ramifications of failure to act in accordance with these stipulations.
- Critique legal arguments and outcomes in hypothetical contract law scenarios.