The “Loss In Progress” Rule – 2
The Maxims of Jurisprudence, codified, among other places, in California Civil Code Section 3523 et. seq., provide that: “For every wrong there is a remedy.” Creative lawyers have tried to modify this to state: “Where there is insurance, there is a remedy.” For every incident of damage to property they attempt to bring in not only the insurer on the risk at the time the loss first manifested itself but each insurer that ever insured the property. The argument they submit for coverage under all policies is that in a situation where the loss is continuing and progressive it should be covered under all policies, not just the one in effect when the loss manifested itself.
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