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Unread 02-13-2012, 12:23 PM   #1
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I had a claim denial problem with UPS once on a pristine LC Smith I bought. They tried to invoke some "small print" coverage exclusion provision because the large volume gun shop printed the shipping label on site rather than at the UPS shipping facility, even though the contents were verbally disclosed as a shotgun by the shipper. I laughed and told them we'll see what the judge thinks of that excuse. When I asked corporate counsel for UPS if she'd accept service of process of the complaint I'd drafted, the check for the damage was suddenly in the mail.

Two lessons came from that experience---1) Be sure to request that the UPS attendant enter into the computer that its a "Parker DHE shotgun" (or whatever) being insured, so it will print out as such on your shipping and insurance receipt. If they tell you it won't print out, have the attendant write it on the receipt and initial beside it, so UPS can't later claim that they didn't know it was a gun and invoke some phony coverage exclusion. And 2), Know the law in your jurisdiction. Most states recognize the separate tort of bad faith insurance denial, which means that if they deny the insured's claim without a good faith reason, they can end up owing you several times the value of the damaged/lost gun for jerking you around with their dishonest coverage denial. A simple demand for payment and promise to pursue a bad faith claim denial as a separate cause of action will often get that insurance check in the mail.

But if you forget or decide not to buy insurance, you're probably SOL beyond the basic automatic $100 coverage as far as a lawsuit goes.
Justin Julian is offline   Reply With Quote