Expected or Intended: The Fortuity Doctrine – 3
A “known loss” is a loss the insured knew had occurred prior to making the insurance contract. A “loss in progress” occurs when the insured is, or should be, aware of an ongoing progressive loss at the time the policy is purchased. Insurance coverage is precluded where the insured is or should be aware of an ongoing progressive or known loss at the time the policy is purchased.
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