Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: condition precedent

Breach of notification provision, failure to give insurance company prompt notice voids coverage — 8th Circuit, Arkansas

Posted in Contractual Liability
In American Railcar Industries v. Hartford Insurance Company, Tedder, American Railcar’s employee, was hurt while on a break at work.  Tedder sought workers compensation coverage for the claim, which was eventually denied by the Arkansas Workers’ Compensation Commission.  Then, Tedder filed a civil tort action against American Railcar (ARI) in federal court. ARI did not… Continue Reading

Failure to cooperate by producing income tax records results in judgment for insurance company 11th Circuit, applying Georgia law

Posted in Contractual Liability
In Hsu v. Safeco Ins., Hsu sued Safeco to recover on a homeowner’s policy.  But Hsu had not provided Safeco with the tax returns Safeco requested before Hsu filed suit.  Safeco got summary judgment because providing the tax returns was a condition precedent to filing suit. Specifically, the district court held that Plaintiffs were not… Continue Reading
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