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When is a rejected proof of loss also a denial of the claim?

Third Circuit rules in flood insurance coverage case.

By P.J. D'Annunzio | Updated on February 01, 2018
The panel still affirmed a district court’s dismissal of plaintiff Anthony Migliaro’s suit against the insurer as time-barred. (Photo: Shutterstock)

The rejection of a policyholder’s proof of loss for a flood insurance claim does not necessarily constitute a written denial of the claim — unless the policyholder treats it like one, a federal appeals court has ruled.

A three-judge panel of the U.S. Court of Appeals for the Third Circuit rejected defendant Fidelity National Insurance Co.’s argument that a proof of loss rejection is an automatic claim denial. But the panel still affirmed a district court’s dismissal of plaintiff Anthony Migliaro’s suit against the insurer as time-barred.

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