The Genuine Dispute Doctrine – 2
The California Court of Appeals, in Chateau Chambrey Homeowners Association v. Associated International Insurance Company, 90 Cal. App. 4th 335, 108 Cal. Rptr. 2d 776 (2001), extended the “genuine dispute doctrine” to a factual claims dispute. Fraud, by definition is a factual dispute. The insured claimed he had a covered loss while the insurer, from investigation, believed it established that the claim presented by the insured was false and fraudulent.
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