31 Pa. Code § 90h.5 - Claim provisions
(a) The
form contains the following claim provisions:
(1)
Notice of claim. Written
notice of claim is to be given to the insurer within 20 days after the
occurrence or commencement of a covered loss or as soon thereafter as is
reasonable possible. Notice given by or on behalf of the insured to the insurer
at
(insert the location of the office as the insurer may designate) or to an authorized agent of the insurer, with information sufficient to identify the insured, is deemed notice to the insurer.
(2)
Claim forms.
The insurer upon receipt of a notice of claim, is required to furnish to the
claimant forms as are usually furnished by it for filing proofs of loss. If the
forms are not furnished within 15 days after the giving of the notice of claim,
it is considered that the claimant complied with the requirements of this
contract as to proof of loss if the claimant submits, within the time fixed in
the contract for filing proofs of loss, written proof covering the occurrence,
the character and the extent of the loss for which claim is made.
(3)
Proofs of loss. Written
proof of loss is to be furnished to the insurer at its office, in case of claim
for loss for which this contract provides a periodic payment contingent upon
continuing loss, within 90 days after the termination of the period for which
the insurer is liable, and in case of claim for another loss, within 90 days
after the date of the loss. Failure to furnish proof within the time required
does not invalidate nor reduce any claim if it was not reasonably possible to
give proof within that time, if the proof is furnished as soon as reasonably
possible and in no event, except in the absence of legal capacity, later than 1
year from the time proof is otherwise required.
(4)
Physical examinations.
The insurer at its own expense has the right and opportunity to examine the
person of the insured when and as often as it may reasonably require during the
pendency of a claim hereunder.
(b) In lieu of the claim provisions specified
in this section, the form contains other appropriate provisions and the
submission letter contains a complete justification for the lack of the claim
provisions specified in this section.
Notes
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