Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: burden of proof

Habitation or vacancy clause in homeowner’s policy conditions section is an exclusion — Arkansas

Posted in Contractual Liability
In Farm Bureau v. Davenport, 2017 Ark. App. 207, Davenport had 2 houses, one in Michigan and one in Arkansas.  While at the Michigan house, the Arkansas house was broken into and set on fire.  Farm Bureau denied the claim because the house was unoccupied when the house was destroyed. One of the policy conditions,… Continue Reading

Judgment against policyholder for fraudulent claims affirmed — 10th Circuit, Oklahoma

Posted in Contractual Liability
In Century Surety Co. v. Shayona Investment, Century paid claims submitted by its policyholder, Shayona, and then sued Shayona, arguing the claims were fraudulent.  At trial, the jury found in favor of Century, awarding it both the amount the company paid Shayona under the policy and the sum it spent investigating the claims.  The Tenth… Continue Reading
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