Section 23 Vesting of Damages

• Library: Damages 2012

Most insurance policies contain a provision concerning the time within which an insurer must communicate its decision concerning payment to the insured. The question that sometimes arises is whether the conduct of the insurer at that time in denying payment is determinative of whether vexatious penalties apply or whether the conduct and knowledge of the insurer after the denial time but before trial is determinative. The resolution of this question can be important in determining whether the insurer can...