by anorris1 » Mon Nov 02, 2009 07:27 pm
Here's a situation...looking for a case if anyone can help:
Party A has a claim against Party B. Parties A and B are both insured.
Party A can get a default judgment against Party B, but the Insurance company (either) wont pay or make the claim.
Is there case law out there saying that an insurance company is required to take a claim that has already resulted in judgment?
Party A has a claim against Party B. Parties A and B are both insured.
Party A can get a default judgment against Party B, but the Insurance company (either) wont pay or make the claim.
Is there case law out there saying that an insurance company is required to take a claim that has already resulted in judgment?
Posted: Mon Nov 02, 2009 11:01 pm Post Subject:
Are you saying you have already got a default judgment? Did the at fault party fail to show?
The carrier isn't necesarily bound to the judgment. If their insured did not promptly report the claim, did not get suit papers to them...they can/could deny the claim for failure to cooperate...
That being said, a claim that has not been denied in writing is not denied.
We really need more info to help you...
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