[s-cars] CA warranties
Raymond H. Tomlinson
rtomlins at vermontlaw.edu
Tue Oct 29 11:13:34 EST 2002
Mike et al,
Disclaimer: The following is offered for informational purposes only,
and does not constitute legal advice nor create an attorney-client
relationship. yada yada yada.
Insurance is a creature of state law (McCarran Ferguson Act), subject to
very limited federal regulation. Thus, states granting Accel the
license to conduct the business of insurance may further grant Accel the
ability to specify which state law governs the policy. Although you may
move to another state to establish domicile (legally divorced from the
term "residence"), nothing can prevent you from acquiring coverage based
on that domicile (Except states not licensing Accel). However, if the
intent to relocate was simply to procure insurance, such fraud will
avoid the policy.
If you have a valid Accel policy and subsequently relocate to CA, the
state must offer full faith and credit to contracts entered into (e.g.,
employment, insurance, marriage) in another state. Thus, Accel must
honor claims made in CA or other states not licensing Accel's
warranties.
Welcome to the business of insurance.
Ray Tomlinson
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