North Shore Towers Courier n September 2013 5 Tower Fruit and Flower North Shore Towers Arcade All Occasions Platters Floral Arrangements (718) 225-4498 EXQUISITE CATERING AND FINE DINING OVERLOOKING SCENIC NORTH SHORE TOWERS COUNTRY CLUB & GOLF COURSE Towers Restaurant & Caterers AT NORTH SHORE TOWERS 272-48 GRAND CENTRAL PKWY. FLORAL PARK, NY 11005 (718) 279-1472 Legally Speaking By: Scott Baron, Attorney at Law 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. 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 Celebrating Our 66th Year! Of Mineola A Name You Can Trust Since 1947 • On-Premises Fur Storage in Temperature Controlled Vault • Specializing in Custom- Made Coats and Remodels • All Work Done on Premises • We Repair and Clean Fur Storage, Clean & Glaze $8495 Come In And See Our New Spring Collection Of Leathers 260 Jericho Tpke., Mineola 516-746-5500 www.tsontosfurs.com Hours: Mon.-Fri., 10-6; Sat., 10-5 Evenings By Appointment
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