Appellant purchased a car from a dealership that was financed through Bank One. Bank One issued a life insurance and disability policy to appellant through appellee to cover the payments. When appellant became disabled, he notified appellee. Appellee denied coverage, stating that it had not been initiated because his loan terms did not meet their requirements. The trial court determined that no coverage existed.
On appeal, the court found error. Appellee did not provide notice that the coverage would not be afforded until after the disability arose. Further, appellant sent notice of the claim with in the limitations period of the insurance agreement. “UULIC improperly denied coverage in both 1999 and 2001. The record reflects that Fazenbaker provided notice of his disability ‘within 30 days after the disability [began] or as soon after that as [was] reasonably possible.’ However, because UULIC maintained that it had properly denied coverage, it did not send Fazenbaker claim forms within 15 days as set forth in the Rules. The Rules provide that if claim forms are not sent to the insured within 15 days after UULIC receives notice of the disability, there is no minimum time period for filing proof of the disability.” Reversed and remanded.
Midland Funding NCC-2 Corp. v. Fazenbaker (Moore) Appeal from the court of common pleas for Summit County. 2007-Ohio-7041 (12/28/07)
Read the Case: Midland Funding NCC-2 Corp. v. Fazenbaker
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