Douglas Ramlas V. Allstate Insurance Company Case Study
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RAMSEY v. ALLSTATE INSURANCE COMPANY
The case is about insurance cover that was pitting Douglas Ramsey v. Allstate Insurance Company after the house was destroyed by fire. Underlying the cover is the fact Douglas had inherited the house upon his father’s death while at the same time maintain the payment of the premium as was stipulated in the homeowner’s insurance policy with the Allstate insurance company. It is material fact that the insurance company declined to pay the cover based on the grounds that the policy was not under his name at the time of the fire accident arguing that the policy that was in existence was under his father’s name.
Facts of the case
The…show more content… This means that the Allstate insurance company did not have the actual notice of the ralph death implying the by virtue of the all-state company accepting the regular payment from Ralph was not a sufficient reason to stop denial of the cover. This constructive notice is founded on the principle that a notice must be sufficient and reasonable enough if it is shown to be substantive with regards to the actual knowledge. This may encompass direction information as well as it was able to imply that the insurance company has the information which he did not apply its use(Clarkson et al, p.230). In this cases the it can be argued that there was the absence of the insurer could have read the notice of the death of the ralph which any case there was no proof of the publication consequently implying that there was no ralphs obituaries that could make the case the insurer had the information which he did not use thus no constructive notice (Clarkson et al,…show more content… The Allstate Insurance Company has no right to investigate the claims of the Douglas since he was not part of the implied contract thus the insurance company deserves the right to deny his cover in the policy(Clarkson et al, p.230). Additionally, in the event that the insurance company gives Douglas of the notice to reserve her rights, then this implies that he may act out of good faith by involving in the action that company does not involve wavering any defense with regards to the policy. Going by the policy requirements by assuming as well as conducting the defense of an action which is brought by the insured taking into considerations the factual damage outside the contract policy while at the same time not taking the disclaimer of the reservation right which is aimed at denying the coverage is bound to be involving in an action which is founded on the searching the defense of no coverage (Clarkson et al,. p.230). Going by the elements of the implied fact-in implied contact which encompasses that the contract must be an agreement between the parties involved thus must an offer as well as the acceptance that is seen as easily perceived by the parties. It is also imperative that