The “Loss in Progress” Rule – 2
In Inland Waters Pollution Control, Inc. v. National Union Fire Insurance Company, 997 F.2d 172 (6th Circuit, 1993), the United States District Court of Appeal applied the loss in progress rule to a third party case. The court held that the loss in progress rule “operates only where the insured is aware of a threat of loss so immediate that it might fairly be said that the loss was in progress and that the insured knew it at the time the policy was issued or applied for.”
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