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Old 12-20-2008, 10:13 PM   #11
was92v
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Another little Insurance tidbit that most people don't seem aware of is that Insurance companies are the only businesses in the U.S. that are exempt from anit-trust laws.
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Old 12-21-2008, 12:49 AM   #12
JoshuaTree
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Two points need to be made:

First regarding the insurance company's "tactics" - its what I would expect of an insurance carrier facing multi-million dollar losses on an induced/deliberate "bad act". If I were the Chief Council for the insurance company and my staff didn't try something like this, I'd fire the lot of them. That said, the tactic is likely to fail, as no "reasonable man" would consider smoke from a fire pollution in the understood meaning of the word. It would be like excluding wind damage from a tornado before and/or after the cyclone itself hit.

The second point is that the Texas Department of Insurance can (and likely would be pressured to) change regulations to specifically require policies to include such 'smoke pollution' coverage as a result of a fire.

The bottom line is that the longer the delay in payout for the insurance company, the less it costs them (i.e. using the time-value of money in their favor).

This is (or at least should be) a non-issue.
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