When Covered and Uncovered Losses Coincide

  • Organizer: RIMS Annual Conference 2014
  • Location: Colorado Convention Center / Denver, CO
  • Date: April 30, 2014

You can’t be a little bit pregnant, but an insurance company can declare that you only have a partially covered insurance claim. In many cases, covered and uncovered losses may be difficult to disentangle. An insurance company may argue that you only have partial or no coverage. In some states and cases, for example, covered wind claims may be separated from uncovered flood claims; in others, anti-concurrent causation clauses arguably may bar coverage. If part of a loss is caused by a non-covered event do you lose all coverage? Who has to prove what? In California, the State Supreme Court has held that when a loss is covered and non-covered, all is covered unless the insurance company can prove how much is not covered. Other states have ruled differently. This session will show risk managers how to document covered claims when they’re mingled with uncovered and make the case for complete coverage when covered/uncovered can’t be separated.

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