Thursday, July 30, 2009

U.S. Court of Appeals imputes knowledge of insurance agent or broker to insured

I have been discussing the case of Gargano v. Liberty Int'l Underwriters, Inc., in which the court held that under a claims-made policy a claim must be both made and reported during the policy period.

In my last post I discussed the plaintiff's argument that he should not be bound by the terms of the policies because he never received copies of them. As I discussed in my last post, the court rejected that argument.

The court also rejected the argument because the policy was delivered to the plaintiff's insurance agent or broker. "Under Massachusetts law, the agent's knowledge of the policy's terms is imputed to the insured in this circumstance."

No comments: