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Kirkham Motorsports

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  #10 (permalink)  
Old 07-09-2013, 11:16 AM
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Quote:
Originally Posted by Dimis View Post
Reason quoted: the nuts on the wheels weren't original oem. We argued the point to deaf ears. It was easier and less hassle to just pay ourselves.
All I can think is that you had a funky policy originating out of a goofball country. That wouldn't fly here in the states. Now, if I were paid to come up with an argument for denying coverage on a Cobra, that would not, on its face, garner an obvious bad faith denial claim... I think the best I could probably do is to take a car (think Morris's Kirkham) that was underwritten on the same policy as all the cars in his family and then claim it was excluded under the "We do not provide Liability Coverage for ... any vehicle which is designed mainly for use off public roads." That language is in most policies. And, hopefully, the insured didn't send in pictures and a description of the car, but just kind of "snuck it through" somehow. And, hopefully it was a fairly recent addition to the policy, because, what you tend to hear from judges or arbiters in cases like that is "but you cashed his premium payments for years and never uttered a peep...." But, you'd need a special Cobra, that is predominantly raced, for that to even have a chance.
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