SUBSTANTIAL COMPLIANCE Q: After a fire destroyed certain tools and equipment that I used in my business, I sought damages under my insurance policy. The insurer denied my claim, contending that I had failed to provide a proof of loss statement and also to cooperate with its investigation. In fact, I had never received a proof of loss form, to be completed. This despite the fact that I had spoken to the insurer’s claims adjuster, discussing the fire and the contents that had been destroyed. I timely notified the insurer of my losses and even provided a partial list of the damaged and destroyed equipment. I had at least two telephone conversations with the insurer’s agents and permitted them to inspect the damaged premises on several occasions. A: Provisions in an insurance contract for notice and for furnishing proof of loss are to be liberally construed in favor of the insured. The law requires only substantial, and not necessarily strict, compliance with the protocol in the contract. Albeit one should always try for strict compliance; it spares a lot of headaches. If you never received the proof of loss forms, then of course you had no means of strict compliance. However, your attorney must craft this case bearing in mind that a jury may not believe your testimony on this point. As for non-cooperation, it requires a showing that your attitude was one of willful and avowed obstruction involving a pattern of non-cooperation for which no reasonable excuse is offered. I would be very surprised if the insurer can meet its heavy burden here. Incredible Support That Will Never Be Forgotten Sinai Chapels respects all Jewish traditions and customs, ha s a compassionate staff that is second to none, and has three generations of experience ser ving New York’s Jewish families. Preplanning Sinai Preplanning protects your family from unexpected expenses and making complex choices at a most difficult time. Your wishes are reflected in a unique and personal service. Costs are reasonable, all budgets are accommodated, and your investment is FDIC insured. Our staff Rabbi is available to answer your questions. For a no obligation consultation at our office or in your home, please call us. 16 lehavre Courier | september 2013 | www.queenscourier.com “A Touch of Spain in Bayside” Entertainment by Harpist Victor Gonzalez Friday,Saturday & Sunday Playing Music of all Styles www.queenscourier.com 220-33 Northern Blvd., Bayside (3 blocks west of Cross Island Pkwy.) FREE PARKING PRIVATE FACILITIES For Business Meetings & Personal RESTAURANT Functions To 250 Persons Superb Spanish and Continental Cuisine Your Host, Mr. Cid Formerly of the Spanish Pavillion Open For Lunch and Dinner All Major Credit Cards Accepted AVAILABLE FOR PRIVATE PARTIES & CATERING OPEN 7 DAYS For Reservations: CALL (718) 423-0100 FAX (718) 423-0102 3 Catering Rooms For All Occasions Experience the personal touch. Affairs custom tailored to your needs Buffet or sit down for any size party. Dining Room & Ballroom Special Bridal Packages Catering for All Occasions up to 300 people • Weddings • Showers • Graduations • Anniversaries • Sweet 16 Birthday Parties Treat Your Palate to a Dining Experience of the THE QUEENS ank You to all who oted us Best of the Boro. We appreciate your patronage & support. Legally Speaking By: Scott Baron, Attorney at Law Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Sinai Chapels 162-05 Horace Harding Expressway, Fresh Meadows, NY 11365 718.445.0300 or 800.446.0406 We are here 24 hours, to serve your family. We offer FDIC insured pre-planning. www.JewishFunerals.com
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